Cases3300226/2025

Claimant v Knights of Old Limited (in administration)

Outcome

Claimant succeeds£3,232

Individual claims

Failure to Inform & Consultsucceeded

The Tribunal made a protective award on 20 September 2024 in favour of the claimant following the first respondent's failure to comply with consultation obligations. The administrators had given consent to the claim proceeding.

Unlawful Deduction from Wagessucceeded

The claimant was entitled to remuneration of £8,551.90 during the protected period based on weekly gross pay of £665.00. Having received £5,320.00 from the Secretary of State, the first respondent was ordered to pay the unpaid balance of £3,231.90.

Facts

The first respondent entered administration and dismissed employees without proper consultation. A protective award was made on 20 September 2024. The claimant's weekly gross pay was £665.00, entitling them to £8,551.90 during the protected period. The Secretary of State had already paid £5,320.00, leaving a balance owed by the first respondent.

Decision

The Tribunal ordered the first respondent to pay the unpaid balance of £3,231.90 representing the difference between the total protective award of £8,551.90 and the £5,320.00 already paid by the Secretary of State. The Recoupment Regulations apply to the award.

Practical note

Where a protective award is made against an insolvent employer and the Secretary of State makes partial payment from the National Insurance Fund, the employer remains liable for the unpaid balance subject to recoupment provisions.

Award breakdown

Arrears of pay£3,232

Case details

Case number
3300226/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No