Case 3305733/2021 · Employment Tribunal
Mr A Mahmood v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3305733/2021
- Decision date
- 2 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr A Mahmood
Key findings
Tribunal's reasoningThe Tribunal issued a Rule 21 judgment without a hearing because the first respondent had not presented a response and the Official Receiver confirmed 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 over 20 employees at Westpoint Peterborough, that the claimant was not a member of a recognised trade union or bargaining unit, and that his employment was terminated with immediate effect when the first respondent went into compulsory liquidation on 23 September 2019. It found there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, and no elected or appointed employee representatives for consultation.
The Tribunal held that the first respondent was in breach of the duty under section 188 of the 1992 Act. It made a protective award under section 189 in favour of the claimant for the maximum protected period of 90 days beginning on 23 September 2019, with the recoupment of benefits regulations applying.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 TULRCA 1992 for alleged failure to comply with collective consultation requirements under section 188; no quantified monetary sum was stated. | Upheld | — | — |
Legal tests applied
4 references- 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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