Claimant v Axiom Ince Limited (in administration)
Outcome
Individual claims
Respondent entered administration and did not defend the claim. Tribunal proceeded with consent. Claimant was summarily dismissed in breach of contract after approximately 5 years' service as Interim Head of Finance.
The respondent terminated the claimant's employment summarily and in breach of his contractual notice period of six months on 9 November 2023. The tribunal calculated damages based on gross loss of salary for the notice period, with mitigation applied.
Withdrawn by claimant as he had already received this sum from the Secretary of State.
Withdrawn by claimant as he had already received this sum from the administrator.
Withdrawn by claimant as he had already received this sum from the Secretary of State.
Facts
The claimant was employed as Interim Head of Finance from October 2018 on a salary of £160,000 with a six-month notice period. The respondent summarily dismissed him on 9 November 2023 in breach of contract. The respondent entered administration and did not defend. The claimant found new, better-paid employment after six weeks and received payments from the Secretary of State including redundancy pay and £2,371.50 for part of the notice period.
Decision
The tribunal awarded damages of £16,090.04 for wrongful dismissal (breach of notice), calculated on gross salary loss with mitigation for the higher-paid new job after six weeks and Secretary of State payments. The tribunal awarded £500 for loss of statutory rights in the unfair dismissal claim but made no basic award (as redundancy payment received) and no further compensatory award to avoid duplication with the damages award.
Practical note
When an employee receives both unfair dismissal and wrongful dismissal awards, tribunals will avoid duplication by limiting the compensatory award to loss of statutory rights where damages for the notice period are awarded, even where the wrongful dismissal damages are reduced by successful mitigation.
Award breakdown
Award equivalent: 5.4 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1602955/2023
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- No
Employment details
- Role
- Interim Head of Finance
- Salary band
- £100,000+
- Service
- 5 years
Claimant representation
- Represented
- No