Mr C Chalmers v Adarma Ltd (In Administration): 8001845/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The Employment Judge has decided to issue the following judgment on the available material under rule 22 of the Employment Tribunal Procedure Rules 2024.[1]The claimant is entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimant was an employee dismissed as redundant.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in administration. The administrator consented in writing to the continuation of these proceedings on 6 August 2025.[4]The complaint that the respondent failed to comply with a requirement of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The respondent dismissed as redundant more than 100 employees at one establishment within a period of 45 days or less. The claimant was dismissed as redundant on 14 July 2025.[6]The respondent failed to ensure that employee representatives were elected in accordance with section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992, and then to consult with them in accordance with section188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[7]The Tribunal accordingly makes a protective award in respect of the claimant as an employee dismissed as redundant at the respondent’s establishment of 3rd Floor, Quay 1, 133 Fountainbridge, EH3 9QG and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 14 July 2025 and is for 90 days. 10 November 2025