in person For the v Axiom Ince Limited (In Administration) — 2025

The respondent did not defend the claims after entering administration, and the tribunal considered there was sufficient information on the file to give Rule 22 judgment on liability and holiday pay. The claimant's complaints of unfair dismissal, unpaid holiday pay on termination, and wrongful dismissal were found well founded or successful.

The claimant had been employed as an executive assistant from 7 March 2017 under a written contract providing for three months' notice. The respondent terminated his employment summarily on 4 September 2023, in breach of that term. The tribunal accepted evidence about salary, pension, car benefit, the timing of new employment, and reduced earnings in the new role.

For unfair dismissal remedy, the tribunal awarded a basic award and only £500 for loss of statutory rights, finding that further compensation would duplicate the contractual damages award and that, applying Polkey, the employment would have ended fairly that autumn by reason of redundancy. For wrongful dismissal, the tribunal awarded damages for breach of the contractual notice provision, finding that the claimant had suffered proven loss and had reasonably mitigated it after two and a half months.