Claimant v Axis Productions Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant at one establishment within 90 days. The respondent failed to ensure that employee representatives were elected in accordance with s.188A TULRCA 1992, and failed to consult with them in accordance with s.188. The tribunal found these complaints well founded and made a protective award.
Facts
The claimant was dismissed as redundant by Axis Productions Limited, which was in administration. The respondent made more than 20 employees redundant at its Glasgow establishment within a 90-day period. No response was filed to the claim, though the administrator consented to the proceedings continuing.
Decision
The tribunal found that the respondent failed to elect employee representatives in accordance with s.188A TULRCA 1992 and failed to consult as required by s.188. The tribunal issued a judgment under rule 22 (default judgment) and made a protective award for 90 days beginning 26 July 2024.
Practical note
Employers making collective redundancies must comply with statutory consultation requirements including proper election of employee representatives, even when in administration, or face protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4107387/2024
- Decision date
- 9 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- No