Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The tribunal found that the claimant was constructively unfairly dismissed on 22 September 2023. The respondent's conduct was such that it amounted to a repudiatory breach of contract, entitling the claimant to resign and claim constructive dismissal. The respondent did not appear to defend the claim.
Facts
The claimant resigned from his employment with Axiom Ince Limited on 22 September 2023. The respondent, a legal services firm, was in administration at the time of the hearing and did not appear. The claimant brought a claim for constructive unfair dismissal and appeared in person to pursue his claim. The tribunal heard evidence and determined the claim on its merits.
Decision
The tribunal found that the claimant was constructively unfairly dismissed on 22 September 2023. The respondent was ordered to pay total compensation of £5,389.65, comprising a basic award of £1,929, loss of earnings including notice pay of £2,960.65, and £500 for loss of statutory rights. The tribunal noted that any claim for performance bonus in 2023 could be pursued separately in the County Court.
Practical note
Where an insolvent respondent does not appear, the tribunal will still consider the substantive merits of a constructive dismissal claim and make appropriate awards based on the evidence presented by the claimant.
Award breakdown
Case details
- Case number
- 1406338/2023
- Decision date
- 23 August 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No