Claimant v Kings-Hodkin v Travel and Fiancial Services Ltd (in Compulsory Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy — 2022

Mrs V Kings-Hodkin brought a protective award claim against Travel and Financial Services Ltd (in compulsory liquidation). The tribunal dealt with the matter under rule 21 because the first respondent presented no response, the Official Receiver confirmed the claim would not be contested, and the Judge was able to decide the protective award claim on the papers without a hearing. The first respondent was in compulsory liquidation, had employed over 20 employees at Peterborough Westpoint, and the claimant was not a member of a recognised trade union or part of the bargaining unit there.

The tribunal found that the first respondent went into compulsory liquidation on 23 September 2019, that the Official Receiver was appointed at 1:47am on that date, and that the claimant was notified of termination of employment on 11 October 2019. It found there was no proper warning or notice to the recognised trade unions or to the claimant, no consultation with the claimant between 23 September 2019 and 11 October 2019, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act.

On that basis, the tribunal held that the first respondent was in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and that the claimant's complaint under section 189 was well-founded. It made a protective award in the claimant's favour 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 and explains the information the respondent must provide to the Secretary of State for recoupment purposes.