Cases3300215/2025

Claimant v Knights of Old Limited (in administration)

Outcome

Claimant succeeds£3,260

Individual claims

Failure to Inform & Consultsucceeded

The tribunal made a protective award on 20 September 2024 in favour of the claimant after the first respondent's administrators consented to the claim proceeding. The claimant was entitled to remuneration during the protected period due to the employer's failure to comply with consultation obligations.

Unlawful Deduction from Wagessucceeded

The claimant was entitled to remuneration of £8,551.90 during the protected period but only received £5,292.16 from the Secretary of State. The tribunal entered judgment against the first respondent for the unpaid balance of £3,259.74 as no representations were received showing cause why judgment should not be entered.

Facts

The claimant was employed by Knights of Old Limited which entered administration. A protective award was made on 20 September 2024 after the administrators consented. The claimant's weekly gross pay was £665.00 and they were entitled to £8,551.90 during the protected period. The Secretary of State paid £5,292.16, leaving a balance owed by the first respondent.

Decision

The tribunal entered judgment against the first respondent for the unpaid balance of £3,259.74 representing the difference between the protective award entitlement and the amount already paid by the Secretary of State. The Recoupment Regulations apply to this award.

Practical note

Even when a company is in administration, tribunals can enter judgment for protective award arrears against the insolvent employer, with the Secretary of State having already made partial payment under insolvency provisions.

Award breakdown

Arrears of pay£3,260

Legal authorities cited

Statutes

TULRCA 1992 s.189

Case details

Case number
3300215/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No