Claimant v Morris v Thomas Cook UK Travel Ltd (in Compulsory Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy — 2022

This was a rule 21 judgment in a protective award claim. The first respondent did not present a response, and the Official Receiver confirmed the claim would not be contested. The tribunal therefore determined the matter on the papers without a hearing.

On the information before it, the tribunal found that Thomas Cook UK Travel Limited employed over 20 employees at Peterborough Westpoint. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed at 1:47am that day, and the claimant was notified that her employment was terminated on 8 October 2019.

The tribunal found there had been no proper warning or notice to, or consultation with, the recognised trade unions or the claimant. There was no consultation with the claimant between 23 September 2019 and 8 October 2019, and no employee representatives had been elected or appointed for consultation under section 188A. The tribunal held that the first respondent was in breach of section 188 of the 1992 Act.

The claim under section 189 was therefore well-founded, and the tribunal made a protective award in favour of the claimant for the maximum protected period of 90 days beginning on 23 September 2019. The judgment also records that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply, and sets out the employer's recoupment obligations.