Ms T Hutchinson & others (see schedule) v Travel and Financial Services Limited & others (see schedule) and 1 other — 2022

The tribunal considered whether Sales Consultants and Store Managers in Thomas Cook retail stores, and Regional Managers, worked at an establishment where there was a proposal to dismiss 20 or more employees within 90 days for the purposes of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

For Sales Consultants and Store Managers, the tribunal found that the relevant establishment was the individual store to which each employee was assigned. Their contracts identified a normal store location, and although they could provide cover at other stores, the evidence was that this happened only "as and when" and did not amount to assignment to a regional establishment. Where an individual store employed fewer than 20 employees at the time of liquidation, there was no duty to consult and those claimants were not entitled to a protective award.

For Regional Managers, the tribunal found that the group of 23 Regional Managers was a separate establishment. They were managed as a group, had group meetings, were assessed against specific key performance indicators, and were assigned to that group when the Thomas Cook Group went into compulsory liquidation. The tribunal held that there was a duty to consult with the Regional Managers and that they were entitled to a protective award.