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 prior to collective redundancies. The administrators consented to the claim proceeding. The claimant was entitled to remuneration during the protected period.
The claimant was owed unpaid wages under the protective award. Having received £5,600 from the Secretary of State out of the total £9,002 due, the balance of £3,402 remained unpaid by the first respondent and judgment was entered for this sum.
Facts
The claimant was dismissed by the first respondent, which subsequently entered administration. The first respondent failed to inform and consult employees prior to collective redundancies. With the administrators' consent, a protective award was made on 20 September 2024. The claimant's weekly gross pay was £700, entitling them to £9,002 during the protected period. The Secretary of State had already paid £5,600 on account of this sum.
Decision
The tribunal entered judgment against the first respondent for the unpaid balance of £3,402 under the protective award. The parties were given an opportunity to make representations but none were received. The Recoupment Regulations apply to the award.
Practical note
Where an employer in administration fails to inform and consult before collective redundancies, a protective award can proceed with administrators' consent, but any payments already made by the Secretary of State under the insolvency scheme will be offset against the total award due.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300187/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No