Case 3326369/2019 · Employment Tribunal
Mr S Jones v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3326369/2019
- Decision date
- 24 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedKey findings
Tribunal's reasoningThe judgment was issued under rule 21 because the first respondent did not present a response, the Official Receiver confirmed that the protective award claims would not be contested, and the Tribunal considered it possible to determine the claim without a hearing. The first respondent was in compulsory liquidation, and permission had been granted by the High Court 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, the Official Receiver was appointed at 1:47am, and the claimant was notified of immediate termination of employment.
The Tribunal found there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent was in breach of the section 188 duty and made a protective award for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment regulations.
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 alleged failure to comply with collective consultation requirements under section 188. The award was expressed as remuneration for 90 days, but no monetary figure was stated. | 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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