Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The claimant stated she had already received a redundancy payment and accordingly no orders were made with regard to this claim.
The claimant stated she had already received payment in lieu of notice and accordingly no orders were made with regard to this claim.
The claimant claimed nine days of accrued but untaken holidays on termination of employment. Under Rule 21, the tribunal ordered the respondent to pay £307.64 per day for 9 days, totaling £2,768.76 gross.
The claimant's complaint under section 189 TULRCA 1992 of failure to comply with section 188 consultation requirements was not well-founded because the claimant was based at Manchester in an establishment where less than 20 staff were made redundant, meaning she was not entitled to a protective award.
Facts
Miss Mistry was employed by Axiom Ince Limited, a law firm that went into administration. She was made redundant from the Manchester office. She claimed redundancy pay, notice pay, holiday pay, and a protective award for failure to consult under TULRCA 1992. The respondent did not respond to the claim, and neither party attended the hearing.
Decision
The tribunal entered a Rule 21 default judgment. The claimant had already received redundancy pay and notice pay, so no orders were made for those claims. The tribunal ordered payment of £2,768.76 for 9 days accrued holiday pay. The protective award claim failed because fewer than 20 staff were made redundant at the Manchester establishment, falling below the statutory threshold for collective consultation.
Practical note
Rule 21 default judgments still require the tribunal to assess whether claims are well-founded; collective redundancy consultation obligations depend on the number of redundancies at a specific establishment, not company-wide.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2411340/2023
- Decision date
- 17 June 2024
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No