Ms T Cooper v Travel And Financial Services Ltd and 1 other — 2023

The claimant claimed a protective award for breach of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent did not present a response, and the Official Receiver confirmed that the first respondent would not contest the protective award claims. The Tribunal issued judgment under rule 21 without a hearing.

The Tribunal found that it was not reasonably practicable for the claimant to issue the claim within three months of termination, and that she issued it within a reasonable period thereafter. The claimant was employed as a Regional Manager, the first respondent employed over 20 employees in that group, and the claimant was not a member of a recognised trade union or bargaining unit.

The first respondent went into compulsory liquidation on 23 September 2019, when the claimant was notified that her employment was terminated with immediate effect. 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. It held that the first respondent was in breach of section 188 and made a protective award for the maximum protected period of 90 days from 23 September 2019.