Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The tribunal found the complaint under section 189 TULRCA 1992 well-founded. The respondent failed to comply with section 188 requirements to inform and consult employee representatives prior to making collective redundancies. The claimant was one of the employees made redundant on 3 October 2023, and the respondent, being in administration, did not attend or defend the claim.
Facts
The claimant was employed by Axiom Ince Limited, a law firm that went into administration. She was made redundant on 3 October 2023 as part of collective redundancies. The respondent failed to comply with statutory requirements under section 188 TULRCA 1992 to inform and consult with employee representatives prior to the redundancies. The respondent did not attend the tribunal hearing.
Decision
The tribunal found the claim well-founded and ordered the respondent to pay the claimant a protective award of 90 days' remuneration beginning from the date of dismissal. The Recoupment Regulations apply. The judgment was delivered after an uncontested hearing, with the respondent in administration not participating.
Practical note
Employers facing collective redundancies must comply with section 188 consultation requirements even when in administration, and failure to do so results in protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 2410967/2023
- Decision date
- 23 July 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No