Cases3300222/2025

Claimant v Knights of Old Limited (in administration)

Outcome

Claimant succeeds£2,734

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 on collective redundancies. The administrators had consented to the claim proceeding and the tribunal found the claimant entitled to remuneration during the protected period.

Unlawful Deduction from Wagessucceeded

The claimant was entitled to £7,233.75 remuneration during the protected period but had only received £4,500.00 from the Secretary of State. The tribunal entered judgment for the unpaid balance of £2,733.75 against the first respondent after no representations were received as to why judgment should not be entered.

Facts

The claimant was dismissed following a collective redundancy by Knights of Old Limited, which entered administration. The company failed to properly inform and consult on the redundancies. A protective award was made on 20 September 2024 with the administrators' consent. The claimant's weekly gross pay was £562.50, entitling them to £7,233.75 during the protected period. The Secretary of State had paid £4,500.00 on account, leaving a balance outstanding.

Decision

The tribunal entered judgment against the first respondent for £2,733.75, being the unpaid balance of remuneration due under the protective award. The parties were given an opportunity to show cause why judgment should not be entered, but no representations were received. The Recoupment Regulations apply.

Practical note

Following a protective award for failure to inform and consult, the tribunal will enter judgment for unpaid remuneration against an insolvent employer where no representations are made against doing so, even where the Secretary of State has made a partial payment.

Award breakdown

Unpaid wages£2,734

Legal authorities cited

Statutes

TULRCA 1992 s.189

Case details

Case number
3300222/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No