Claimant v Knights of Old Limited (in administration)
Outcome
Individual claims
The Tribunal made a protective award on 20 September 2024 after the first respondent's administrators gave consent to the claim proceeding. This indicates the employer failed to comply with consultation obligations under TULRCA 1992 in relation to collective redundancies, resulting in a protective award for the protected period.
The claimant was entitled to remuneration of £10,609.50 during the protected period based on weekly gross pay of £825.00. The claimant received £5,600.00 from the Secretary of State, leaving a balance of £5,009.50 unpaid. The Tribunal entered judgment against the first respondent for this unpaid balance as neither party showed cause why it should not.
Facts
The first respondent entered administration and dismissed employees including the claimant without proper consultation on collective redundancies. The administrators gave consent for the claim to proceed. The claimant's weekly gross pay was £825.00. A protective award was made on 20 September 2024 entitling the claimant to £10,609.50 for the protected period. The Secretary of State paid £5,600.00 on account, leaving a balance of £5,009.50.
Decision
The Tribunal ordered the first respondent to pay the claimant £5,009.50 being the unpaid balance of the protective award. Neither party showed cause why judgment should not be entered, so the Tribunal entered judgment against the first respondent for the full balance. The Recoupment Regulations apply to this award.
Practical note
When a company in administration fails to consult on collective redundancies and a protective award is made, the company remains liable for unpaid amounts even where the Secretary of State has made partial payment, subject to recoupment regulations.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300202/2025
- Decision date
- 7 October 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No