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 but failed to ensure 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 the complaints well-founded and issued a protective award.
Facts
The claimant was one of more than 20 employees dismissed as redundant from the respondent's establishment at 8 Elliot Place, Glasgow within a 90-day period starting 19 July 2024. The respondent was in administration but the administrator consented to proceedings continuing. No response was filed to the claim. The respondent failed to ensure employee representatives were elected and failed to consult as required by collective redundancy legislation.
Decision
The tribunal issued a default judgment under Rule 22 finding the claims well-founded. The respondent breached sections 188 and 188A TULRCA 1992 by failing to elect employee representatives and consult on collective redundancies. A protective award of 90 days remuneration was granted starting from 19 July 2024.
Practical note
Employers making 20 or more redundancies must ensure proper election of employee representatives and meaningful consultation, or face protective awards of up to 90 days pay, even when in administration.
Legal authorities cited
Statutes
Case details
- Case number
- 4107369/2024
- Decision date
- 9 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- No