Case 3325197/2019 · Employment Tribunal
Mr S Cherry v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3325197/2019
- Decision date
- 12 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr S Cherry
Key findings
Tribunal's reasoningThe Tribunal issued judgment under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed that the protective award claims would not be contested, and the Secretary of State had made legal submissions. The first respondent was in compulsory liquidation, and permission had been granted by the High Court for the claim to proceed.
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 22 January 2020.
The Tribunal found that there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, no consultation with the claimant between 23 September 2019 and 22 January 2020, 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 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 section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to comply with collective consultation requirements under section 188. The award was expressed as remuneration for 90 days, not as 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
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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