Claimant v Axiom Ince Limited (in administration)

Outcome

Facts

The claimant was Head of Revenue, AP and Payroll at Axiom Ince Limited, a law firm that fell into administration in 2023. She was dismissed on 9 November 2023 and commenced new employment on 2 December 2023. She did not commence ACAS conciliation until April 2024, substantially outside the 3-month time limit. She filed claims for unfair dismissal, notice pay, and a protective award on 29 April 2024. A preliminary hearing was listed for 9 October 2025 to address time limit issues, but the claimant failed to attend, stating she was at work in meetings and was not aware of the hearing.

Decision

The tribunal dismissed all claims pursuant to Rule 47 due to the claimant's failure to attend the preliminary hearing. The judge noted the claims were substantially out of time, filed 5-6 months after dismissal with no explanation as to why it was not reasonably practicable to file in time. The judge observed that ineffective hearings have a cost to the public purse and that dismissal was in the interests of justice in all the circumstances.

Practical note

Legal authorities cited