Case 2417061/2019 · Employment Tribunal
Claimant v Thomas Cook Airlines Ltd (In Compulsory Liquidation) and others — 2022
- Case reference
- 2417061/2019
- Decision date
- 12 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe Tribunal determined the claimants' complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis of the material before it under rule 21, there having been no response from the first to fifth respondents and the Official Receiver later confirming that those respondents would not contest the protective award claims. Permission for the claims to proceed had been granted by the High Court on 4 February 2021.
The Tribunal found that the first to fifth respondents employed more than 20 employees at the Westpoint Peterborough site, Hangar 1 Manchester Airport site, Cardinal House Manchester site and Aldersgate London site. The claimants were not members of a recognised trade union and were not part of a bargaining unit. The respondents entered compulsory liquidation on 23 September 2019, with the Official Receiver appointed at 1:47am that day.
The Tribunal found there had been no proper warning or notice to or consultation with the recognised trade unions or the claimants. There was no consultation with the claimants between 23 September 2019 and 28 February 2020, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. In those circumstances, the Tribunal held that the first to fifth respondents were in breach of section 188.
The Tribunal therefore made protective awards under section 189 in favour of the claimants for the maximum protected period of 90 days commencing on 23 September 2019. The judgment also records that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply to the award, and that the first to fifth respondents must provide the Secretary of State with the prescribed employee and termination details for recoupment purposes.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under section 189 TULRCA 1992 for failure by the first to fifth respondents to comply with section 188 collective consultation requirements. The Tribunal made a protective award for the maximum protected period of 90 days beginning on 23 September 2019. | Upheld | — | — |
Legal tests applied
5 references- section 188 TULRCA 1992
- section 189 TULRCA 1992
- section 188A TULRCA 1992
- Rule 21 Employment Tribunals Rules of Procedure 2013
- 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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