Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The claimant's complaint under section 189 TULRCA 1992 for failure to inform and consult on collective redundancies failed because she was based at the Manchester establishment where fewer than 20 staff were made redundant. This meant the statutory threshold requiring collective consultation was not met at her establishment.
Facts
Miss Austin was made redundant from Axiom Ince Limited, a legal services firm that had entered administration. She was based at the Manchester office. The respondent failed to respond to her claim brought under Rule 21 for failure to inform and consult under collective redundancy provisions. The tribunal considered the claim on the papers without either party attending.
Decision
The tribunal dismissed the claim for a protective award under section 189 TULRCA 1992. Although the respondent had not complied with consultation requirements, the claim failed because fewer than 20 staff were made redundant at the Manchester establishment where the claimant was based, meaning the statutory threshold for collective consultation was not met.
Practical note
A failure to inform and consult claim under TULRCA 1992 requires at least 20 redundancies at the establishment where the claimant worked, not across the entire business.
Legal authorities cited
Statutes
Case details
- Case number
- 2410983/2023
- Decision date
- 3 July 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No