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 prior to collective redundancies. The administrators had consented to the claim proceeding.
The claimant was entitled to remuneration of £8,551.90 for the protected period but had only received £5,320.00 from the Secretary of State. Judgment entered for the unpaid balance of £3,231.90 against the first respondent.
Facts
The claimant was employed by Knights of Old Limited which entered administration. The employer failed to inform and consult employees prior to collective redundancies. The tribunal made a protective award on 20 September 2024 with the administrators' consent. The claimant was entitled to £8,551.90 for the protected period based on weekly gross pay of £665.00, but had only received £5,320.00 from the Secretary of State through the National Insurance Fund.
Decision
The tribunal ordered the first respondent to pay the claimant £3,231.90, being the balance of unpaid wages under the protective award. No representations were received showing cause why judgment should not be entered, and the Recoupment Regulations apply to protect the Secretary of State's payment of £5,320.00.
Practical note
Where an employer in administration fails to consult on collective redundancies and a protective award is made, the insolvent employer remains liable for the full award even where the Secretary of State has made partial payment through the National Insurance Fund.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300208/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No