Case 2414404/2019 · Employment Tribunal
Mrs K Newton v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021
- Case reference
- 2414404/2019
- Decision date
- 24 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs K Newton
Key findings
Tribunal's reasoningThe Tribunal issued a Rule 21 judgment without a hearing after the first respondent presented no response and the Official Receiver confirmed the protective award claims would not be contested. The Tribunal found that the claimant was employed by Thomas Cook Airlines Limited and amended the first respondent's name accordingly.
The Tribunal found that the first respondent employed over 20 employees at the Manchester Airport site, entered compulsory liquidation on 23 September 2019, and the claimant was notified later that day that her employment was terminated with immediate effect. It found there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for such consultation.
The complaint under section 189 of the 1992 Act was well-founded. The Tribunal found a breach of the section 188 duty and made a protective award for the maximum protected period of 90 days commencing on 23 September 2019, subject to the Employment Protection recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. No monetary figure was specified; the award was remuneration for 90 days from 23 September 2019. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 Rule 21
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A 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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