Claimant v Knights of Old Limited (in administration)
Outcome
Individual claims
The tribunal made a protective award on 20 September 2024 in favour of the claimant after the first respondent's administrators consented to the claim proceeding. This indicates the respondent failed to comply with consultation obligations under TULRCA 1992.
The claimant was entitled to remuneration of £12,514.45 during the protected period but received only £5,600.00 from the Secretary of State, leaving an unpaid balance of £6,914.45 which the tribunal ordered the first respondent to pay.
Facts
The first respondent entered administration and dismissed employees including the claimant without proper consultation. The administrators consented to the protective award claim proceeding. The claimant had weekly gross pay of £973.13 and was entitled to £12,514.45 during the protected period. The Secretary of State paid £5,600.00 on account, leaving a balance of £6,914.45 unpaid.
Decision
The tribunal ordered the first respondent to pay the claimant £6,914.45 in unpaid wages under the protective award previously made on 20 September 2024. The Recoupment Regulations apply to allow the Secretary of State to recover the £5,600.00 already paid.
Practical note
When a company in administration fails to inform and consult over collective redundancies, employees can obtain protective awards, and any shortfall not covered by the Secretary of State's payment can be enforced against the insolvent employer.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300230/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
- Rep type
- self
Employment details
Claimant representation
- Represented
- No