Case 3324734/2019 · Employment Tribunal
Mr G Parry v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3324734/2019
- Decision date
- 11 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedKey findings
Tribunal's reasoningThe 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 the first respondent employed over 20 employees at Peterborough Westpoint, went into compulsory liquidation on 23 September 2019, and the claimant was notified of termination on 8 October 2019. The claimant was not a member of a recognised trade union or part of the bargaining unit at that location.
The tribunal found there was no proper warning, notice or consultation with the recognised trade unions or the claimant, no consultation with the claimant between 23 September and 8 October 2019, and no elected or appointed employee representatives for consultation under section 188A. It held that the first respondent breached section 188 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 tribunal found the complaint under section 189 of TULRCA 1992 well-founded and made a protective award equivalent to 90 days' remuneration from 23 September 2019. No monetary figure was specified. | 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
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