Mrs D Fanshawe 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 the protective award claims would not be contested, and the Secretary of State had made legal submissions. The claim proceeded with permission because the first respondent was in compulsory liquidation.

The Tribunal found that the first respondent employed over 20 employees at London Aldersgate and that the claimant worked for Thomas Cook Group PLC. The first respondent went into compulsory liquidation on 23 September 2019, and the claimant was notified on 18 October 2019 that her employment was terminated with immediate effect.

The Tribunal found there had been no proper warning or notice to, or consultation with, the recognised trade unions or the claimant, no consultation with the claimant between 23 September 2019 and 18 October 2019, and no employee representatives elected or appointed for consultation under section 188A. It held that the first respondent was in breach of section 188 and made the maximum protective award of 90 days' remuneration from 23 September 2019, subject to the recoupment regulations.