Case 3325212/2019 · Employment Tribunal
Mr M Pearson v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3325212/2019
- Decision date
- 12 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr M Pearson
Key findings
Tribunal's reasoningThe 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, after permission had been granted for the claim to proceed despite the first respondent's compulsory liquidation.
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, and that no proper warning, notice, or consultation was given to recognised trade unions or to the claimant. No employee representatives had been elected or appointed for consultation.
The Tribunal held that the first respondent breached the duty under section 188 of the 1992 Act and made a protective award under section 189. The award was payment equivalent to remuneration for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment provisions applying to jobseeker's allowance and income support.
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 locked taxonomy has no specific protective award category. | Upheld | — | — |
Legal tests applied
3 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
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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