Cases→2410961/2023

Claimant v Axiom Ince Limited (In Administration)

17 June 2024Before Employment Judge K M RossManchesteron papers

Outcome

Default judgment£15,662

Individual claims

Redundancy Paysucceeded

Rule 21 judgment entered as respondent failed to respond. Claimant was dismissed by reason of redundancy. Tribunal ordered statutory redundancy payment of £8,574.15.

Breach of Contractsucceeded

Rule 21 judgment entered as respondent failed to respond. Claimant entitled to 12 weeks' notice pay at £571.61 per week, totalling £6,859.32.

Unlawful Deduction from Wagessucceeded

Rule 21 judgment entered as respondent failed to respond. Claimant had two days' unpaid wages totalling £228.64.

Failure to Inform & Consultsucceeded

The respondent failed to comply with s.188 Trade Union and Labour Relations (Consolidation) Act 1992 collective consultation requirements. Claimant was based at Leeds office where more than 20 individuals were at risk of redundancy. Protective award of 90 days ordered from 3 October 2023.

Facts

Miss Harvey was employed by Axiom Ince Limited, based at their Leeds office. On 3 October 2023, she was dismissed by reason of redundancy. The respondent, which had entered administration, failed to pay her statutory redundancy payment, notice pay, and two days' wages. The respondent also failed to comply with collective consultation requirements under s.188 TULRCA 1992, where more than 20 individuals at the Leeds establishment were placed at risk of redundancy. The respondent did not file a response to the claim.

Decision

The tribunal entered judgment in the claimant's favour under Rule 21 as the respondent failed to respond. The tribunal awarded statutory redundancy pay of £8,574.15, notice pay of £6,859.32, unpaid wages of £228.64, and a protective award of 90 days' pay for failure to consult collectively on redundancies.

Practical note

When an insolvent respondent fails to respond to a claim, Rule 21 allows the tribunal to enter default judgment for properly pleaded claims including statutory payments and protective awards for collective consultation failures, which claimants can then pursue via the Redundancy Payments Service.

Award breakdown

Notice pay£6,859
Redundancy pay£8,574
Unpaid wages£229

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.188Trade Union and Labour Relations (Consolidation) Act 1992 s.189Employment Tribunals Rules of Procedure 2013 Rule 21

Case details

Case number
2410961/2023
Decision date
17 June 2024
Hearing type
rule 21
Hearing days
—
Classification
default

Respondent

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

Employment details

Claimant representation

Represented
No
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