Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The respondent failed to respond to the claim. Under Rule 21, the tribunal entered default judgment and found the claim for redundancy payment well-founded based on the claimant's 13 years of service. The tribunal awarded £4,826.70 as a statutory redundancy payment.
The tribunal found the claim under section 189 TULRCA 1992 not well-founded. The claimant was based at Manchester in an establishment where fewer than 20 staff were made redundant, meaning the statutory consultation requirements under section 188 did not apply and no protective award was due.
Facts
Miss Bailey was employed by Axiom Ince Limited (a law firm in administration) for 13 years and was based at the Manchester office. She was made redundant and claimed statutory redundancy pay and a protective award for failure to consult. The respondent failed to respond to the claim, and the matter proceeded as a default judgment under Rule 21.
Decision
The tribunal granted default judgment awarding the claimant statutory redundancy pay of £4,826.70 based on her 13 years of service. However, the claim for a protective award failed because fewer than 20 employees were made redundant at the Manchester establishment, meaning the collective consultation requirements under TULRCA 1992 did not apply.
Practical note
Even in default judgments, tribunals will consider the legal merits of claims and will not automatically grant all relief sought if statutory thresholds (such as the 20-employee threshold for collective consultation) are not met.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2411229/2023
- Decision date
- 17 June 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- legal services
- Represented
- No
Employment details
- Service
- 13 years
Claimant representation
- Represented
- No