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

The judgment was issued under rule 21 because the first respondent did not present a response and the Official Receiver confirmed that the protective award claims would not be contested. The claim proceeded with permission from the High Court because the first respondent was in compulsory liquidation.

The Tribunal found that the first respondent employed over 20 employees at the Manchester Airport site. The claimant worked for Thomas Cook Airlines Limited, was not a member of a recognised trade union, and was not part of the bargaining unit at that site.

The first respondent went into compulsory liquidation on 23 September 2019, and the claimant was notified later that day that her employment was terminated with immediate effect. The Tribunal found there had been no proper warning or notice to, or consultation with, the recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. The Tribunal held the complaint well-founded and made the maximum protective award of 90 days' remuneration from 23 September 2019, subject to the recoupment regulations.