Case 2411340/2023 · Employment Tribunal
Miss M Mistry v Axiom Ince Limited (In Administration) — 2024
- Case reference
- 2411340/2023
- Decision date
- 25 June 2024
- Jurisdiction
- England & Wales
- Venue
- Manchester
Parties
2 namedClaimant
Miss M Mistry
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt with the case under Rule 21 in chambers, with neither party in attendance. The claimant stated that she had already received a redundancy payment and payment in lieu of notice, so the tribunal made no orders in respect of those claims.
The tribunal upheld the claim for accrued but untaken holiday pay on termination. It ordered the respondent to pay £2,768.76 gross, calculated as nine days at £307.64 per day.
The claimant's complaint for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was not well-founded. The tribunal found that the claimant was based at Manchester in an establishment where fewer than 20 staff were made redundant, so she was not entitled to a protective award.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The claimant stated that she had received a redundancy payment, so no order was made on this claim. | Other | — | — |
| Breach of contract | The claimant stated that she had received payment in lieu of notice, so no order was made on this claim. | Other | — | — |
| Holiday pay | The tribunal awarded nine days' accrued but untaken holiday pay on termination, calculated as £307.64 x 9 = £2,768.76 gross. | Upheld | — | £2,769 |
| Other | The complaint seeking a protective award under section 189 TULRCA 1992 for alleged failure to comply with section 188 was found not well-founded. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,769
- across all upheld claims
Legal tests applied
3 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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