Cases3300212/2025

Claimant v Knights of Old Limited (in administration)

7 October 2025Before Regional Employment Judge FoxwellLondon Central

Outcome

Claimant succeeds£3,402

Individual claims

Failure to Inform & Consultsucceeded

The Tribunal made a protective award on 20 September 2024 following the first respondent's failure to consult collectively prior to dismissal. The administrators consented to the claim proceeding and the tribunal found the employer had breached its consultation obligations.

Unlawful Deduction from Wagessucceeded

The claimant was entitled to £9,002.00 in protective award remuneration but had only received £5,600.00 from the Secretary of State, leaving an unpaid balance of £3,402.00. The tribunal ordered the first respondent to pay this balance as unpaid wages.

Facts

The claimant was employed by Knights of Old Limited, which entered administration. The employer failed to conduct collective consultation before dismissing employees. A protective award was made on 20 September 2024 with the consent of the administrators. The claimant's weekly gross pay was £700, entitling them to £9,002 for the protected period. The Secretary of State paid £5,600, leaving a balance owed.

Decision

The Tribunal ordered the first respondent to pay the claimant £3,402 in unpaid wages representing the balance of the protective award. This followed the protective award made on 20 September 2024 for failure to inform and consult. The Recoupment Regulations apply to the award.

Practical note

Where a protective award is made against an insolvent employer, the Secretary of State will typically pay part of the award, but the balance remains due from the insolvent company and can be claimed through the insolvency process.

Award breakdown

Unpaid wages£3,402

Legal authorities cited

Statutes

TULRCA 1992

Case details

Case number
3300212/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No