Case 3324966/2019 · Employment Tribunal

Mrs L Meichan v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022

Case reference: 3324966/2019
Decision date: 11 January 2022
Jurisdiction: England & Wales
Judge: Employment Judge Ainscough Date

Indexed: 19 May 2026

Parties

3 named

Claimant

Mrs L Meichan

Respondents

Key findings

Tribunal's reasoning

The claimant claimed a protective award for alleged breaches of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent did not present a response, the Official Receiver confirmed the claims would not be contested, and 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 bargaining unit there, and that the first respondent entered compulsory liquidation on 23 September 2019. The claimant was notified of termination on 18 October 2019.

The Tribunal found there had been no proper warning or notice to, or consultation with, recognised trade unions or the claimant, and no elected or appointed employee representatives for consultation under section 188A. 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, subject to the recoupment provisions referred to in the judgment.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. The judgment awards remuneration for a 90-day protected period but gives no monetary amount.	Upheld	—	—

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

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