Cases3300228/2025

Claimant v Knights of Old Limited (in administration)

7 October 2025Before Regional Employment Judge FoxwellLondon Easton papers

Outcome

Claimant succeeds£5,703

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 under TULRCA 1992. The administrators consented to the claim proceeding. The claimant was entitled to remuneration during the protected period.

Unlawful Deduction from Wagessucceeded

The claimant was entitled to £10,605.13 under the protective award but only received £4,902.24 from the Secretary of State. The first respondent was ordered to pay the unpaid balance of £5,702.89 representing the shortfall in protective award remuneration.

Facts

The claimant was employed by Knights of Old Limited which went into administration. The administrators consented to a protective award claim proceeding. On 20 September 2024 the tribunal made a protective award. The claimant's weekly gross pay at dismissal was £824.66, giving entitlement to £10,605.13 during the protected period. The Secretary of State paid £4,902.24, leaving an unpaid balance.

Decision

The tribunal entered judgment against the first respondent for £5,702.89 representing the unpaid balance of the protective award. The recoupment regulations apply. Neither party submitted representations as to why judgment should not be entered for the balance due.

Practical note

When an insolvent employer fails to inform and consult, claimants may recover protective award shortfalls not covered by the Secretary of State directly from the employer subject to recoupment regulations.

Award breakdown

Unpaid wages£5,703

Legal authorities cited

Statutes

TULRCA 1992

Case details

Case number
3300228/2025
Decision date
7 October 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No