Claimant v Axiom Ince Limited (In Administration)
Outcome
Individual claims
The tribunal found that the first respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to collective consultation before making redundancies. The claimant was proposed for redundancy and reasonably resigned on 31 August 2023. A protective award of 90 days' remuneration was ordered.
Facts
The claimant was employed by Axiom Ince Limited, a law firm that went into administration. He was proposed for redundancy and reasonably resigned on 31 August 2023. The first respondent failed to comply with statutory requirements for collective consultation under section 188 of TULRCA 1992 before making the redundancies. Neither respondent attended the hearing.
Decision
The tribunal found the first respondent's failure to inform and consult was well-founded. The claimant succeeded in his claim and was awarded a protective award of 90 days' remuneration beginning from the date of his resignation. The Recoupment Regulations apply to the award.
Practical note
Employers proposing collective redundancies must comply with section 188 consultation requirements even when in administration, or face protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 2400012/2024
- Decision date
- 8 April 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No