Case 3325430/2019 · Employment Tribunal

Mr A Rogers v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022

Case reference: 3325430/2019
Decision date: 12 January 2022
Jurisdiction: England & Wales
Judge: Employment Judge Ainscough Date

Indexed: 19 May 2026

Parties

3 named

Claimant

Mr A Rogers

Respondents

Key findings

Tribunal's reasoning

The claimant claimed a protective award in respect of 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, 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. The claimant was not a member of a recognised trade union or part of the bargaining unit there. The first respondent went into compulsory liquidation on 23 September 2019, and the claimant was notified of termination of employment on 22 January 2020.

The Tribunal found there was no proper warning, notice, or consultation with the recognised trade unions or the claimant, and no consultation with the claimant between 23 September 2019 and 22 January 2020. No employee representatives had been elected or appointed for consultation under section 188A. The Tribunal held that the first respondent breached section 188 and made a protective award for the maximum protected period of 90 days from 23 September 2019.

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 award was equivalent to remuneration for 90 days, but no monetary amount was stated.	Upheld	—	—

Legal tests applied

4 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

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How we got this data

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