Case 3324670/2019 · Employment Tribunal
Mr D Thomas and others (see schedule) v Thomas Cook In Destination Management Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3324670/2019
- Decision date
- 22 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr D Thomas and others (see schedule)
Key findings
Tribunal's reasoningThe Tribunal issued a Rule 21 judgment because the first respondent had not presented a response and the Official Receiver confirmed that the protective award claims would not be contested. The claim proceeded against the first respondent, which was in compulsory liquidation, following permission from the High Court.
The Tribunal found that the first respondent employed more than 20 employees at Peterborough Westpoint, that the claimants were not members of a recognised trade union or part of the bargaining unit there, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimants were notified of termination between 23 September 2019 and 15 November 2019.
The Tribunal found there had been no proper warning, notice, or consultation with the recognised trade unions or the claimants, and that no employee representatives had been elected or appointed for consultation under section 188A. It held that the first respondent was in breach of section 188 TULRCA 1992 and made the maximum protective award of 90 days' remuneration 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 complaint was under section 189 TULRCA 1992 for failure to comply with the collective consultation requirements in section 188. The award was expressed as remuneration for a 90-day protected period rather than a fixed monetary sum. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- 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
- 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
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