Case 2415129/2019 · Employment Tribunal
Mrs S Fegan v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021
- Case reference
- 2415129/2019
- Decision date
- 4 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs S Fegan
Key findings
Tribunal's reasoningThe Tribunal issued a Rule 21 judgment without a hearing because the first respondent had not presented a response, the Official Receiver confirmed that the protective award claims would not be contested, and the Secretary of State had made legal submissions. 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 more than 20 employees at the Manchester Airport site. The claimant was not a member of a recognised trade union or part of the bargaining unit. The first respondent went into compulsory liquidation on 23 September 2019, and the claimant was notified on 11 October 2019 that her employment would terminate with immediate effect.
The Tribunal found there was no proper warning, notice, or consultation with recognised trade unions or the claimant before 23 September 2019, no consultation with the claimant between 23 September 2019 and 11 October 2019, and no employee representatives elected or appointed for consultation. It held that the first respondent breached section 188 of the 1992 Act and made a protective award for the maximum protected period of 90 days commencing 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 taxonomy has no specific protective award category; this is not a quantified redundancy payment award. | Upheld | — | — |
Legal tests applied
4 references- Rule 21
- section 188 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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