Solicitors Regulation Authority in UK closed down the law firm last October
Two solicitors previously working for Axiom Ince have lost their claims for protective awards after an employment tribunal decided that they were not entitled to collective redundancy consultations as they were part of a smaller office.
The employment judge ruled against solicitors Manisha Mistry and Sarah Bytheway upon concluding that both worked at the firm’s Manchester office, which had a team of fewer than 20 employees, said an article by the Law Society Gazette. As a result, they were not subject to the legal requirements for collective redundancy consultations.
Both solicitors received four-figure redundancy payments following Axiom Ince’s collapse in 2023, according to the article. However, they requested additional protective awards. They argued that their work extended beyond the Manchester office, which would have entitled them to collective redundancy protections.
The judge rejected the initial claims of both solicitors but allowed them to present further evidence upon a reconsidration, reported the Law Society Gazette.
Judge’s reasoning
Ultimately, the judge deemed both Mistry and Bytheway assigned to the Manchester office and denied their claims for protective awards, said the Law Society Gazette.
Mistry, employed by Plexus Law in Manchester since 2017, joined Axiom Ince after a July 2023 acquisition. In October 2023, Axiom Ince informed all its employees of their immediate redundancy because the Solicitors Regulation Authority had closed down the firm.
Mistry alleged that her role was not confined to the Manchester office as she supervised team members in the head office in Leeds and regularly travelled to both Leeds and London. She reported to the national head of fraud, who received a protective redundancy award from a separate tribunal because he was assigned to the Leeds office.
The judge held that Mistry was not entitled to a protective award, reported the Law Society Gazette. The judge acknowledged that Mistry had responsibilities extending beyond Manchester but ultimately determined that her primary assignment was to the Manchester office.
By the time of her redundancy, Mistry was the only partner left in Manchester and had not been promoted as national head of fraud after the predecessor’s departure in August 2023, the judge noted.
Bytheway, also a former employee of Plexus law, was likewise unsuccessful in her claim for a protective award, said the Law Society Gazette. Like Mistry, Bytheway primarily worked out of the Manchester office. She argued that she closely communicated with colleagues in Leeds and London and dealt with cases referred from other areas of the U.K.
However, the judge ruled that Bytheway’s work was still centred in Manchester, said the article. The judge found that Bytheway’s occasional remote work and the mobility clause in her contract did not override the fact that she was assigned to the Manchester office.
