Claimant v Knights of Old Limited (in administration)
Outcome
Individual claims
The tribunal made a protective award on 20 September 2024 following the first respondent's failure to inform and consult under TULRCA 1992. The administrators had consented to the claim proceeding. The claimant was entitled to remuneration during the protected period.
The claimant was entitled to £9,002.00 in remuneration during the protected period but had only received £5,600.00 from the Secretary of State. The tribunal ordered the first respondent to pay the unpaid balance of £3,402.00 as no representations were received to show cause why judgment should not be entered.
Facts
The first respondent, Knights of Old Limited, went into administration and dismissed the claimant without proper consultation under TULRCA 1992. The administrators consented to a protective award claim proceeding. On 20 September 2024, the tribunal made a protective award in the claimant's favour. The claimant's weekly gross pay was £700.00 and they were entitled to £9,002.00 during the protected period. The Secretary of State had already paid £5,600.00 on account.
Decision
The tribunal ordered the first respondent to pay the balance of unpaid wages under the protective award in the sum of £3,402.00. The parties were given an opportunity to show cause why judgment should not be entered but no representations were received. The Recoupment Regulations apply to the award.
Practical note
Where a protective award is made for failure to consult in an insolvency situation, the insolvent employer remains liable for the full amount even where the Secretary of State has made partial payment under the statutory guarantee scheme.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300197/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No