Mr A Cullen v Thomas Cook and 1 other — 2021

The Tribunal gave judgment under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed that the first respondent would not contest the protective award claims, and the Secretary of State had made legal submissions. The claim proceeded despite the first respondent being in compulsory liquidation because permission had been granted by the High Court.

The Tribunal found that the first respondent employed over 20 employees at London Aldersgate, that the claimant worked for Thomas Cook Group PLC, and that the claimant was notified on 23 September 2019 that his employment was terminated with immediate effect after the first respondent went into compulsory liquidation. The claimant was not a member of a recognised trade union or part of the bargaining unit at London Aldersgate.

The Tribunal found that there had been no proper warning, notice, or consultation with the recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent was in breach of the duty under section 188 and made a protective award for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment regulations.