Mrs L Peoples v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021

The Tribunal gave judgment under rule 21 because the first respondent had not presented a response and the Official Receiver confirmed that the protective award claims would not be contested. The claim proceeded despite the first respondent being in compulsory liquidation, following permission granted by the High Court on 4 February 2021.

The claimant sought a protective award for breach of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal found that the first respondent employed over 20 employees at Manchester Airport and that the claimant worked for Thomas Cook Airlines Limited but was not a member of a recognised trade union or part of the bargaining unit at that site.

The Tribunal found that the first respondent went into compulsory liquidation on 23 September 2019 and that the claimant was notified later that day of termination of employment with immediate effect. It found there had been no proper warning, notice or consultation with the recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation. The complaint was therefore well-founded and the Tribunal made a protective award for the maximum protected period of 90 days from 23 September 2019.