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 comply with consultation requirements under TULRCA 1992, with the respondent's administrators consenting to the claim proceeding.
The tribunal ordered payment of the unpaid balance of the protective award remuneration, being £3,402.00, representing the difference between the total protective award of £9,002.00 and the £5,600.00 already received from the Secretary of State.
Facts
The claimant was employed by Knights of Old Limited which entered administration. Following the respondent's failure to properly consult on collective redundancies, a protective award was made on 20 September 2024 with the consent of the administrators. The claimant's weekly gross pay was £700.00, entitling them to £9,002.00 during the protected period. The Secretary of State had already paid £5,600.00 on account.
Decision
The tribunal ordered the first respondent to pay the unpaid balance of £3,402.00 representing the difference between the total protective award and the amount already received from the Secretary of State. The Recoupment Regulations apply to the award.
Practical note
Where a protective award is made against an insolvent employer in administration, the tribunal can enter judgment for the unpaid balance after accounting for payments already made by the Secretary of State under the statutory guarantee scheme.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300207/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No