Miss A Harvey v Axiom Ince Limited (In Administration) — 2024

Sitting in chambers at Manchester on 30 May 2024 under Rule 21 of the Employment Tribunals Rules of Procedure 2013, Employment Judge K M Ross determined the claims of Miss A Harvey against Axiom Ince Limited (In Administration) in the absence of both parties. The Tribunal found that the claimant's claims for a redundancy payment, notice pay and two days' unpaid wages were each well-founded, and ordered the respondent to pay £8,574.15 by way of redundancy payment, £6,859.32 representing 12 weeks' gross pay at £571.61 per week for notice, and £228.64 for the unpaid wages.

The Tribunal also found well-founded the claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent had failed to comply with the collective consultation requirements of section 188, on the basis that the claimant was based at the Leeds office, an establishment where more than 20 individuals were placed at risk of redundancy. By way of protective award under section 189(3), the Tribunal ordered the respondent to pay the claimant a sum equivalent to remuneration for the period of 90 days beginning on 30 October 2023, the claimant having been dismissed for redundancy between 3 and 30 October 2023.

The judgment annexes the standard recoupment notice in respect of the protective award and the standard interest notice under the Employment Tribunals (Interest) Order 1990, identifying the relevant decision day as 28 June 2024 and the stipulated interest rate as 8% per annum.