Case 2204471/2019 · Employment Tribunal
Mr N Dudleston v Thomas Cook and 1 other — 2022
- Case reference
- 2204471/2019
- Decision date
- 10 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr N Dudleston
Key findings
Tribunal's reasoningThe claimant claimed a protective award arising from alleged breaches of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent did not present a response, and the Official Receiver confirmed that the first respondent would not contest the protective award claims. The Tribunal issued judgment under rule 21 without a hearing.
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 first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified on 17 October 2019 that employment would terminate from 18 October 2019.
The Tribunal found that there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A. 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. The judgment also recorded that the recoupment regulations applied.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim was for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. The locked taxonomy has no specific protective award category, so classified as other. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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