Cases3300181/2025

Claimant v Knights of Old Limited (in administration)

7 October 2025Before Regional Employment Judge FoxwellMidlands East

Outcome

Claimant succeeds£3,402

Individual claims

Failure to Inform & Consultsucceeded

A protective award was made on 20 September 2024 following a failure to inform and consult under TULRCA 1992 section 189. The first respondent was ordered to pay the balance of remuneration due during the protected period.

Unlawful Deduction from Wagessucceeded

The tribunal entered judgment for unpaid wages arising from the protective award. The claimant was entitled to £9,002.00 during the protected period, had received £5,600.00 from the Secretary of State, leaving an unpaid balance of £3,402.00.

Facts

The first respondent entered administration and made redundancies affecting the claimant. The administrators consented to a claim proceeding for failure to inform and consult under TULRCA 1992 section 189. A protective award was made on 20 September 2024. The claimant had weekly gross pay of £700.00 and was entitled to £9,002.00 during the protected period, of which £5,600.00 was paid by the Secretary of State.

Decision

The tribunal entered judgment against the first respondent for £3,402.00 representing the unpaid balance of remuneration due under the protective award. Neither party made representations against the entry of judgment. The Recoupment Regulations apply to the award.

Practical note

Employers in administration remain liable for protective awards for failure to inform and consult on collective redundancies, with any unpaid balance after Secretary of State payments being recoverable against the insolvent company.

Award breakdown

Unpaid wages£3,402

Legal authorities cited

Statutes

TULRCA 1992 s.189

Case details

Case number
3300181/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No