Case 3302407/2020 · Employment Tribunal
Mr A George v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3302407/2020
- Decision date
- 28 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr A George
Key findings
Tribunal's reasoningThe first respondent did not present a response to the claim, and the Official Receiver confirmed that the protective award claims would not be contested. The Tribunal issued judgment under rule 21 without a hearing, after the High Court had granted permission for the claim to proceed despite the first respondent's compulsory liquidation.
The Tribunal found that the first respondent employed over 20 employees at Peterborough Westpoint, that the claimant was not part of a recognised trade union bargaining unit, 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, and no employee representatives had been elected or appointed for consultation. It held that the first respondent breached section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The claim was for a protective award arising from breach of collective consultation requirements under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment awarded remuneration for a 90-day protected period but did not state a monetary amount. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A 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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