Mr M Griffiths v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021

The Tribunal entered judgment under Rule 21 because the first respondent had not presented a response, the Secretary of State had made legal submissions, and the Official Receiver confirmed that the protective award claims would not be contested. The claim was permitted to proceed despite the first respondent being in compulsory liquidation.

The Tribunal found that the first respondent employed over 20 employees at the Manchester Airport site and that the claimant worked for Thomas Cook Airlines Limited. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed early that morning, and the claimant was later notified that his employment was terminated with immediate effect.

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