Case 2414470/2019 · Employment Tribunal
Miss M Corry v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021
- Case reference
- 2414470/2019
- Decision date
- 24 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Miss M Corry
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 that the first respondent would not contest the protective award claim. The first respondent was in compulsory liquidation, and High Court permission had been granted for the claim to proceed.
The Tribunal found that Thomas Cook Airlines Limited employed more than 20 employees at the Manchester Airport site and that the claimant worked for Thomas Cook Airlines Limited. The first respondent entered 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, notice, or consultation with recognised trade unions or with the claimant, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent breached section 188 and made a protective award for the maximum protected period of 90 days beginning 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 | 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. The award was expressed as remuneration for 90 days, not as a quantified monetary amount. | 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 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 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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