Case 2408315/2021 · Employment Tribunal
Miss E Watson v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2022
- Case reference
- 2408315/2021
- Decision date
- 27 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Miss E Watson
Key findings
Tribunal's reasoningThe Tribunal issued judgment under rule 21 because the first respondent had not presented a response and the Official Receiver confirmed the protective award claims would not be contested. 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 Manchester Airport and that the claimant was not a member of a recognised trade union or part of the bargaining unit there. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed at 1:47am, and the claimant was notified that her employment was terminated with immediate effect.
The Tribunal found there had been no proper warning, notice, or consultation with the recognised trade unions or with the claimant, and no employee representatives had been elected or appointed for consultation. 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 from 23 September 2019, subject to the recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. Award expressed as 90 days' remuneration, not a fixed monetary amount. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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