Case 3326368/2019 · Employment Tribunal
Miss N James v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3326368/2019
- Decision date
- 24 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Miss N James
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 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 8 October 2019.
The Tribunal found that there was no proper warning, notice, or consultation with the recognised trade unions or the claimant, no consultation with the claimant between 23 September 2019 and 8 October 2019, and no elected or appointed employee representatives for consultation under section 188A. It held that the first respondent was in breach of section 188 and made a protective award for the maximum protected period of 90 days from 23 September 2019, subject to the recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The complaint was 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 this is classified as other. | 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
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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