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

The Tribunal gave judgment under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed that the protective award claims would not be contested, and the High Court had granted permission for the claim to proceed despite the first respondent's compulsory liquidation.

The Tribunal found that Thomas Cook Airlines Limited employed over 20 employees at the Manchester Airport site, that the claimant worked for that company, and that she was not a member of a recognised trade union or 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 that there had been no proper warning, notice or consultation with the recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent had breached the duty under 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.