Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
This was a Rule 21 default judgment. The respondent failed to respond to the claim. The tribunal found the claimant's claim for notice pay well-founded and awarded one week's gross pay.
The tribunal found the claim for unpaid wages well-founded under Rule 21, awarding one week's pay from 25 September 2023 to 3 October 2023, as the respondent did not defend the claim.
The tribunal found the claim for 12.5 days accrued but untaken holiday on termination well-founded, calculated at £49.98 gross daily rate, totalling £624.75.
The claim under section 189 TULRCA 1992 for failure to consult failed because the claimant was based at Manchester where fewer than 20 staff were made redundant, falling below the threshold for collective consultation requirements and protective award entitlement.
Facts
The claimant was employed by Axiom Ince Limited, a law firm that entered administration. Her employment ended on 3 October 2023 earning £249.92 per week gross. She was based at the Manchester establishment. The respondent failed to respond to her claims for notice pay, unpaid wages for the final week (25 September to 3 October 2023), and accrued holiday pay of 12.5 days. She also claimed a protective award for failure to consult under TULRCA 1992.
Decision
The tribunal entered a Rule 21 default judgment, awarding the claimant notice pay of £249.92, unpaid wages of £249.92, and holiday pay of £624.75 (totalling £1,124.59). However, the protective award claim failed because fewer than 20 employees were made redundant at the Manchester establishment, falling below the statutory threshold for collective consultation obligations.
Practical note
Rule 21 default judgments will succeed on monetary claims where the respondent fails to respond, but protective award claims under TULRCA 1992 require meeting the statutory threshold of 20 or more redundancies at the specific establishment, regardless of company-wide redundancy numbers.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2410969/2023
- Decision date
- 3 July 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- legal services
- Represented
- No
Employment details
Claimant representation
- Represented
- No