Claimant v Axiom Ince Limited (in administration)
Outcome
Individual claims
The tribunal made a protective award in the claimant's favour under section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992, indicating the respondent failed to consult over collective redundancies. The protected period was determined to start on 1 October 2023.
Facts
The claimant was dismissed when the respondent company ceased trading around 30 September/1 October 2023. A protective award was made in her favour under section 189(3) TULRCA 1992 for failure to inform and consult. The respondent was in administration and did not participate in the proceedings. The claimant subsequently applied for correction of the start date of the protected period and for a 25% ACAS uplift.
Decision
The tribunal refused both applications. The protected period start date of 1 October 2023 was a judicial determination, not a clerical error. The application for a 25% ACAS uplift was refused as misconceived because the case did not involve dismissal and re-engagement and the relevant ACAS Code only came into force in July 2024, after the claimant's dismissal.
Practical note
ACAS Code uplifts on protective awards only apply to dismissal and re-engagement cases where the Code was in force at the time of dismissal, and protective award dates are judicial determinations not subject to correction absent clerical error.
Legal authorities cited
Statutes
Case details
- Case number
- 3314979/2023
- Decision date
- 16 April 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No