Case 3300059/2020 · Employment Tribunal
Ms S Bradley v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3300059/2020
- Decision date
- 28 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Ms S Bradley
Key findings
Tribunal's reasoningThe 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 the High Court had granted permission for the claim to proceed.
The Tribunal found that the first respondent employed more than 20 employees at Peterborough Westpoint. 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 of termination on 22 January 2020.
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 the duty under section 188 of the 1992 Act and made a protective award for the maximum protected period of 90 days from 23 September 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The claim was for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. No monetary figure was specified; the award was expressed as 90 days' remuneration. | 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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