Case 3326405/2019 · Employment Tribunal
Miss E Davenport v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3326405/2019
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Miss E Davenport
Key findings
Tribunal's reasoningThe claimant claimed a protective award for breach of 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 protective award claims would not be contested. The Tribunal issued judgment under rule 21 without a hearing.
The Tribunal found that the first respondent employed over 20 employees at Peterborough Westpoint and that the claimant was not a member of a recognised trade union or part of the bargaining unit there. The first respondent entered compulsory liquidation on 23 September 2019, the Official Receiver was appointed, and the claimant was notified of immediate termination.
The Tribunal found there had been no proper warning, notice or consultation with the recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation. It held that the first respondent was in breach of section 188 of the 1992 Act and made a protective award under section 189 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 | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment awarded remuneration for a 90-day protected period but did not state a monetary figure. | Upheld | — | — |
Legal tests applied
3 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
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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