Claimant v Knights of Old Limited
Outcome
Individual claims
A protective award was made on 20 September 2024 in favour of the claimant following the first respondent's failure to comply with collective consultation obligations under TULRCA. The administrators consented to the claim proceeding.
The tribunal ordered the first respondent to pay unpaid wages under the protective award. The claimant was entitled to £10,609.50 during the protected period but had only received £5,600.00 from the Secretary of State, leaving a balance of £5,009.50.
Facts
Knights of Old Limited entered administration and dismissed employees without proper collective consultation. The claimant was one of the affected employees. A protective award was made on 20 September 2024 with the administrators' consent. The claimant's weekly gross pay was £825.00 and they were entitled to £10,609.50 during the protected period but had only received £5,600.00 from the Secretary of State.
Decision
The tribunal entered judgment against the first respondent for the unpaid balance of £5,009.50 representing wages due under the protective award. Neither party provided representations against entering judgment. The Recoupment Regulations apply to the award.
Practical note
When an employer in administration fails to collectively consult, a protective award may be made with administrators' consent, and the insolvent employer remains liable for any balance not recovered from the Secretary of State under the statutory guarantee scheme.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300205/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No