Ms S Fuchs v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021

The Tribunal issued judgment under rule 21 without a hearing 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 first respondent was in compulsory liquidation, and the High Court had granted permission for the claim to proceed.

The Tribunal found that the first respondent employed over 20 employees at the Manchester Airport site, that the claimant worked for Thomas Cook Airlines Limited, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified on 11 October 2019 that her employment would terminate with immediate effect.

The Tribunal found there had been no proper warning, notice, or consultation with recognised trade unions or the claimant before 23 September 2019, no consultation with the claimant between 23 September 2019 and 11 October 2019, and no elected or appointed employee representatives for consultation under section 188A. It held that the first respondent breached section 188 of the 1992 Act and made a protective award for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment provisions.