Case 3325463/2019 · Employment Tribunal
Mr A Kemp v Thomas Cook and 1 other — 2022
- Case reference
- 3325463/2019
- Decision date
- 12 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr A Kemp
Key findings
Tribunal's reasoningThe Tribunal gave judgment under rule 21 because the first respondent had not presented a response and the Official Receiver confirmed that the protective award claims would not be contested. The first respondent was in compulsory liquidation, and the High Court had granted permission for the claim to proceed.
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 nor part of the bargaining unit. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed at 1:47am, and the claimant was notified that his employment was terminated with immediate effect.
The Tribunal found there was no proper warning, notice, or consultation with recognised trade unions or with the claimant, and 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 commencing on 23 September 2019. The recoupment regulations applied to the award.
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. No specific monetary figure was stated; the award was payment equivalent to remuneration for 90 days from 23 September 2019. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 – Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the 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
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