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 and 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. No response was presented to defend the claim.
Facts
The respondent company, in administration, made more than 20 employees redundant at their Glasgow establishment within a 90-day period. The respondent failed to arrange for the election of employee representatives as required by statute and consequently failed to engage in the required collective consultation process before implementing the redundancies. The claimant was one of the employees dismissed as redundant. No response was filed to the claim, though the administrator consented to proceedings continuing.
Decision
The tribunal found the failure to inform and consult claims well founded under Rule 22 on the available material. The respondent breached sections 188 and 188A of TULRCA 1992 by failing to ensure employee representatives were elected and by failing to consult. The tribunal made a protective award of 90 days' remuneration for affected employees beginning 26 July 2024.
Practical note
Employers making collective redundancies must comply with statutory consultation requirements including electing 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
- 4107377/2024
- Decision date
- 9 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- No