Cases→2411451/2023

Claimant v Axiom Ince Limited (In Administration)

17 June 2024Before Employment Judge K M RossManchesterin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalnot determined

The judgment dealt only with the reconsideration application relating to the protective award claim. The underlying unfair dismissal claim was not addressed at this hearing.

Failure to Inform & Consultfailed

The tribunal found that the claimant was assigned to the Manchester establishment which had fewer than 20 employees at the time of redundancy. As fewer than 20 employees were dismissed from that establishment, the statutory duty to collectively consult under sections 188-189 TULRCA did not arise. The protective award claim therefore failed.

Facts

The claimant was a solicitor employed by Plexus Law from 2017, working in the Manchester office. Her employment transferred to Axiom Ince via TUPE in July 2023 while she was on maternity leave. In October 2023, the SRA intervened and the company made mass redundancies with immediate effect and no collective consultation. The claimant was dismissed on 3 October 2023. She applied for reconsideration of a previous judgment that had refused her claim for a protective award under sections 188-189 TULRCA.

Decision

The tribunal dismissed the reconsideration application. The judge found that the claimant was assigned to the Manchester establishment, which had only 14 employees at the time of dismissal. As fewer than 20 employees were dismissed from that establishment, the duty to collectively consult did not arise under section 188 TULRCA, and the protective award claim properly failed.

Practical note

For collective consultation obligations under TULRCA, the critical question is how many employees were dismissed from the specific establishment to which the employee was assigned, not from the employer's business as a whole.

Legal authorities cited

USDAW & Another v Ethel Austin Limited [2015] ICR 675Lyttle v Bluebird UK Bidco 2 Limited [2015] IRLR 577

Statutes

TULRCA 1992 s.188TULRCA 1992 s.189

Case details

Case number
2411451/2023
Decision date
17 June 2024
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Name
Axiom Ince Limited (In Administration)
Sector
legal services
Represented
No

Employment details

Role
Solicitor
Service
7 years

Claimant representation

Represented
No
Search for this judgment on GOV.UK →