Case 2401069/2020 · Employment Tribunal
Mr L Baker & Others (see schedule) v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 2 others — 2021
- Case reference
- 2401069/2020
- Decision date
- 24 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
4 namedClaimant
Mr L Baker & Others (see schedule)
Key findings
Tribunal's reasoningThe Tribunal issued judgment under rule 21 because the first and second respondents had not presented a response, and the Official Receiver confirmed that they would not contest the protective award claims. The first and second respondents were in compulsory liquidation, and High Court permission had been granted for the claims to proceed.
The Tribunal found that the first and second respondents employed over 20 employees at the Manchester Airport site. The claimants were not members of a recognised trade union and were not part of the bargaining unit at that site. They were notified on 23 September 2019 that their employment was terminated with immediate effect after the respondents went into compulsory liquidation.
The Tribunal found that there had been no proper warning, notice, or consultation with recognised trade unions or the individual claimants, and that no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first and second respondents were in breach of section 188 and made a protective award for the maximum protected period of 90 days beginning on 23 September 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements. The judgment awards remuneration for a 90-day protected period but does not state a monetary amount. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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