Case 2414449/2019 · Employment Tribunal
Mrs D Houldsworth v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021
- Case reference
- 2414449/2019
- Decision date
- 24 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs D Houldsworth
Key findings
Tribunal's reasoningThe 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 first respondent was in compulsory liquidation, and High Court permission had been granted for the claim to proceed.
The Tribunal found that the first respondent employed over 20 employees at the Manchester Airport site and that the claimant worked for Thomas Cook Airlines Limited. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed at 1:47am, and the claimant was later notified that her employment was terminated with immediate effect.
The Tribunal found that there was no proper warning, notice, or consultation with recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A. It held that the first respondent was in breach of section 188 and made a protective award for the maximum protected period of 90 days starting on 23 September 2019, subject to the recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for a protective award 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 amount was specified; the award was expressed as 90 days' remuneration. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A 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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