Mr S Retchless v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022

The judgment was issued under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed that the first respondent would not contest the protective award claims, and the Tribunal considered it could decide the claim without a hearing. The first respondent was in compulsory liquidation, and High Court permission had been granted for the claim to proceed.

The Tribunal found that the first respondent employed over 20 employees at Peterborough Westpoint, that the claimant was not a member of a recognised trade union or bargaining unit there, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified of termination on 22 January 2020.

The Tribunal found there was no proper warning, notice or consultation with recognised trade unions or the claimant, no consultation with the claimant between 23 September 2019 and 22 January 2020, and no elected or appointed employee representatives for consultation under section 188A. It held that the first respondent breached the duty under section 188 and made a protective award for the maximum protected period of 90 days from 23 September 2019, subject to the recoupment regulations.