Case 3324756/2019 · Employment Tribunal
Mr A Hopkins v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3324756/2019
- Decision date
- 11 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr A Hopkins
Key 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, that the claimant was not a member 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 claimant was notified of termination on 11 October 2019.
The Tribunal found there was no proper warning or notice given to, or consultation with, the recognised trade unions or the claimant, and no consultation with the claimant between 23 September 2019 and 11 October 2019. It also found that no employee representatives had been elected or appointed for consultation. The complaint was well-founded and the Tribunal made a protective award for the maximum protected period of 90 days commencing 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 for failure to comply with collective consultation requirements. No monetary figure was quantified; award was remuneration for 90 days from 23 September 2019. | Upheld | — | — |
Legal tests applied
3 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 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
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