Case 3325209/2019 · Employment Tribunal
Mr A McCormack v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3325209/2019
- Decision date
- 12 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr A McCormack
Key findings
Tribunal's reasoningThe judgment was issued under rule 21 because the first respondent did not present a response and the Official Receiver confirmed that the protective award claims would not be contested. The tribunal found it could determine the claim for protective awards without a hearing on the information before it.
The tribunal found that the first respondent employed over 20 employees at Peterborough Westpoint, went into compulsory liquidation on 23 September 2019, and that the claimant was notified of termination on 22 January 2020. The claimant was not a member of a recognised trade union or part of the bargaining unit at Peterborough Westpoint.
The tribunal found there was no proper warning, notice or consultation with recognised trade unions or with the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A. It held that the first respondent breached the duty under section 188 of the 1992 Act and made a protective award for the maximum protected period of 90 days 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 |
|---|---|---|---|---|
| Other | Claim for a protective award 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 taxonomy has no specific protective award category, so classified as other. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the 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
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.