Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
Default judgment under Rule 21. Respondent failed to respond. Tribunal found claimant entitled to statutory redundancy payment based on 13 years' complete service, aged over 41, calculated as 19 x £643 statutory weekly cap.
Default judgment under Rule 21. Tribunal awarded notice pay for 12 weeks at £713.07 weekly, totalling £8,556.84 gross. Respondent failed to respond to the claim.
Default judgment under Rule 21. Tribunal found claimant entitled to unpaid wages for 2 days (2 and 3 October 2023) totalling £285.22. Respondent failed to respond.
Claim under s.189 TULR(C)A 1992 failed because claimant was based at Manchester establishment where less than 20 staff were made redundant. The statutory threshold requires more than 20 staff at one establishment to be made redundant for eligibility for a protective award.
Facts
Mrs McGhee was employed by Axiom Ince Limited for 13 years and was aged over 41. She was made redundant from the Manchester office and her employment ended on or around 3 October 2023. The respondent company entered administration. She was not paid her final two days' wages (2-3 October 2023), notice pay, or redundancy payment. The respondent failed to respond to her tribunal claim.
Decision
The tribunal entered default judgment under Rule 21 in the claimant's favour, awarding statutory redundancy payment of £12,217, 12 weeks' notice pay of £8,556.84, and unpaid wages of £285.22. The claim for failure to inform and consult under s.189 TULR(C)A 1992 failed because fewer than 20 employees were made redundant at the Manchester establishment, below the statutory threshold.
Practical note
Even in default judgment cases, tribunals will properly assess whether statutory thresholds are met, as demonstrated by the dismissal of the collective consultation claim where the establishment-specific redundancy numbers fell below 20.
Award breakdown
Award equivalent: 29.5 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2410975/2023
- Decision date
- 17 June 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- legal services
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 13 years
Claimant representation
- Represented
- No