Claimant v Knights of Old Limited (in administration)
Outcome
Individual claims
The Tribunal made a protective award on 20 September 2024 following the first respondent's failure to inform and consult under collective redundancy requirements. The administrators consented to the claim proceeding.
The claimant was entitled to remuneration of £8,551.90 under the protective award period but received only £5,320.00 from the Secretary of State. The Tribunal ordered the first respondent to pay the unpaid balance of £3,231.90.
Facts
The first respondent entered administration and dismissed employees including the claimant without proper consultation under collective redundancy requirements. The administrators consented to protective award proceedings. The claimant had weekly gross pay of £665.00 and was awarded a protective award totaling £8,551.90 for the protected period. The Secretary of State paid £5,320.00 under the statutory guarantee scheme, leaving a balance unpaid.
Decision
The Tribunal ordered the first respondent to pay £3,231.90, being the unpaid balance of the protective award after deducting payments already made by the Secretary of State. The Recoupment Regulations apply to the award.
Practical note
When an insolvent employer fails to comply with collective consultation requirements, employees can claim protective awards with any shortfall beyond the statutory guarantee scheme payable remaining a debt of the company in administration.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300210/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No