Case 3323517/2021 · Employment Tribunal
Mr L Marriot v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3323517/2021
- Decision date
- 2 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr L Marriot
Key findings
Tribunal's reasoningThe judgment was issued under Rule 21 because the first respondent had not presented a response, and the Official Receiver confirmed that the first respondent would not contest the protective award claims. The Tribunal considered the file and found it possible to determine the protective award claim without a hearing.
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 part of a bargaining unit, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified of immediate termination on that date.
The Tribunal found there had been no proper warning or notice to, or consultation with, recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent breached section 188 and made a protective award under section 189 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 |
|---|---|---|---|---|
| Other | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The locked taxonomy has no specific protective award category; this is not treated as redundancy_pay because the judgment concerns collective consultation rather than a statutory redundancy payment. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
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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