Case 2414708/2019 · Employment Tribunal
Mrs C Arnold v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021
- Case reference
- 2414708/2019
- Decision date
- 24 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs C Arnold
Key findings
Tribunal's reasoningThe judgment was issued under rule 21 because the first respondent did not present a response, the Official Receiver confirmed the protective award claims would not be contested, and the Secretary of State made legal submissions before judgment. The first respondent was in compulsory liquidation, and the High Court had granted permission 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 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 the claimant, and no employee representatives had been elected or appointed for consultation. It held that the first respondent breached section 188 of the 1992 Act and made a protective award under section 189 for the maximum protected period of 90 days from 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 90 days' remuneration rather than a fixed monetary sum. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the 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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