Mrs S Mann v Thomas Cook and 1 other — 2022

The Tribunal issued a Rule 21 judgment without a hearing because the first respondent had not presented a response and the Official Receiver confirmed that the protective award claims would not be contested. Permission for the claim to proceed had been granted by the High Court because the first respondent was in compulsory liquidation.

The Tribunal found that the first respondent employed over 20 employees at London Aldersgate, that the claimant was not in a recognised trade union or bargaining unit, and that her employment ended with immediate effect when the first respondent went into compulsory liquidation on 23 September 2019. It found there had been no proper warning, notice, or consultation with recognised trade unions or with the claimant, and no elected or appointed employee representatives for consultation.

The Tribunal held that the first respondent breached the duty under section 188 of the 1992 Act. It made a protective award under section 189 in favour of the claimant for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment regulations applying to jobseeker's allowance, income support, employment and support allowance, and universal credit.