Claimant v Knights of Old Limited (in administration)
Outcome
Individual claims
The tribunal made a protective award in favour of the claimant on 20 September 2024 after the first respondent's administrators gave consent for the claim to proceed. The claimant was entitled to remuneration during the protected period under TULRCA 1992 for failure to consult on collective redundancies.
The tribunal found the claimant was entitled to £9,002.00 remuneration during the protected period but had only received £5,600.00 from the Secretary of State. The first respondent was ordered to pay the unpaid balance of £3,402.00 as unlawful deduction of wages arising from the protective award.
Facts
The claimant was employed by Knights of Old Limited, which entered administration. The respondent failed to consult on collective redundancies. A protective award was made on 20 September 2024 with the administrators' consent. The claimant's weekly gross pay was £700.00, entitling them to £9,002.00 during the protected period. The Secretary of State paid £5,600.00, leaving a balance of £3,402.00 unpaid.
Decision
The tribunal entered judgment against the first respondent for the unpaid balance of £3,402.00 arising from the protective award. Neither party made representations against entering judgment. The Recoupment Regulations apply to the award.
Practical note
Where a protective award is made against an insolvent employer, the tribunal can enter judgment for unpaid amounts even where the Secretary of State has made partial payment under the insolvency scheme.
Award breakdown
Award equivalent: 4.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3300221/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No