1. The British Airline Pilots Association 2. Mr S Backhouse & Others (see Schedule) v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and 1 other — 2021

The Tribunal issued 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 claims to proceed.

The Tribunal found that the first respondent employed over 20 employees at the relevant airport sites and that BALPA was the recognised trade union for collective bargaining, consultation and negotiation for the pilot workforce. The individual non-union claimants were part of the same bargaining unit and their claims were consolidated with the recognised trade union's claims.

The first respondent went into compulsory liquidation on 23 September 2019 and the claimants were notified of immediate termination later that day. The Tribunal found there was no proper warning, notice or consultation with BALPA or the individual pilots, and no employee representatives had been elected or appointed for consultation. It held that the first respondent breached section 188 TULRCA 1992 and made a protective award for the maximum protected period of 90 days beginning on 23 September 2019. For the later 2020 claims, the Tribunal found they were out of time but that it was not reasonably practicable to bring them within three months and they were brought within a further reasonable period.