Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The tribunal found the complaints under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 well-founded on the basis that the claimants were employed at the London office where more than 20 employees were made redundant, and they were not represented by a trade union or employee representative. The respondent failed to comply with section 188 requirements to inform and consult. This was a Rule 21 default judgment as the respondent did not attend.
Facts
The claimants were employees at Axiom Ince Limited's London office (Aldgate Tower/Gracechurch Street). The company went into administration and made 134 employees redundant at the London office. The claimants were not represented by any trade union or employee representative during this process. The respondent did not attend the tribunal hearing and had not responded to the claims.
Decision
The tribunal found the complaints under section 189 TULRCA 1992 well-founded by way of Rule 21 default judgment. The respondent failed to comply with its section 188 duty to inform and consult on collective redundancies. The claimants each received a protective award of 8 weeks' gross pay (£5,144 each based on £643 weekly pay).
Practical note
Employers facing collective redundancies of 20 or more employees must comply with statutory consultation requirements or face protective awards of up to 90 days' pay per affected employee, even when in administration.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3202014/2023
- Decision date
- 11 September 2024
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- legal services
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister