Claimant v Knights of Old Limited (in administration)
Outcome
Individual claims
The tribunal made a protective award on 20 September 2024 following the employer's failure to consult under TULRCA 1992. The first respondent was in administration and the administrators consented to the claim proceeding. The protective award covered a protected period at the claimant's weekly rate of £700.
The claimant was entitled to remuneration of £9,002.00 during the protected period but had only received £5,600.00 from the Secretary of State. The tribunal entered judgment against the first respondent for the unpaid balance of £3,402.00, with no representations received to show cause why judgment should not be entered.
Facts
The claimant was employed by Knights of Old Limited, which subsequently entered administration. The employer failed to consult employees before dismissal as required under TULRCA 1992. The tribunal made a protective award on 20 September 2024 with the administrators' consent. The claimant's weekly gross pay was £700.00, entitling them to £9,002.00 for the protected period. The Secretary of State paid £5,600.00, leaving a balance of £3,402.00.
Decision
The tribunal entered judgment against the first respondent for the unpaid balance of the protective award in the sum of £3,402.00. No representations were received from the parties to show cause why judgment should not be entered. The Recoupment Regulations apply to the award.
Practical note
When an employer in administration fails to consult before dismissal, employees are entitled to a protective award, and the employer remains liable for any balance not covered by the Secretary of State under the insolvency guarantee scheme.
Award breakdown
Award equivalent: 4.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3300184/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No