Cases3300189/2025

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 following the first respondent's failure to inform and consult. The administrators had given consent for the claim to proceed.

Unlawful Deduction from Wagessucceeded

The Tribunal ordered payment of unpaid wages arising from the protective award. The claimant was entitled to £8,551.90 during the protected period, having received only £5,320.00 from the Secretary of State, leaving a balance owed of £3,231.90.

Facts

The claimant was dismissed by Knights of Old Limited, which entered administration. The first respondent failed to inform and consult on collective redundancies. 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 paid £5,320.00 on account, leaving a balance owed of £3,231.90.

Decision

The Tribunal entered judgment against the first respondent for £3,231.90, representing the unpaid balance of the protective award. Neither party showed cause why judgment should not be entered. The Recoupment Regulations apply to the award.

Practical note

Where a protective award is made for failure to inform and consult, the employer remains liable for any balance not paid by the Secretary of State under the statutory guarantee scheme, subject to recoupment.

Award breakdown

Unpaid wages£3,232

Legal authorities cited

Statutes

Employment Rights Act 1996 s.189

Case details

Case number
3300189/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No