Mrs S McGhee v Axiom Ince Ltd (In Administration): 2410975/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Tribunal is that:[1]The claimant's claim for a redundancy payment is well-founded and I order the respondent to pay the claimant a redundancy payment of £12,217. (The claimant had 13 years’ complete service with the respondent. She was aged over 41. The statutory cap of £643 weekly applies. The claimant is entitled to 19 x £643).[2]The claimant's claim for notice pay is well-founded and I order the respondent to pay the claimant 12 weeks’ gross pay at £713.07 weekly = £8,556.84.[3]The claimant’s claim for unpaid wages is well-founded and I order the respondent to pay the claimant two days’ pay for 2 and 3 October 2023 of £285.22.[4]The claimant's complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act is not well-founded. This is because the claimant was based at Manchester in an establishment where less than 20 staff were made redundant. The law states that more than 20 staff at one establishment must be made redundant for a claimant to be eligible for a protective award.