Case 3327134/2019 · Employment Tribunal
Ms K Wearne v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3327134/2019
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Ms K Wearne
Key findings
Tribunal's reasoningThe claimant sought a protective award for breach of the 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, went into compulsory liquidation on 23 September 2019, and that the claimant was notified of termination on 20 January 2020. It found there was no proper warning, notice or consultation with recognised trade unions or with the claimant, and no elected or appointed employee representatives for consultation under section 188A.
The Tribunal held that the first respondent breached the duty under section 188 of the 1992 Act. It made a protective award under section 189 in favour of the claimant for the maximum protected period of 90 days commencing on 23 September 2019, subject to the recoupment provisions applying to the award.
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 for alleged failure to comply with collective consultation requirements. No monetary amount was specified; award was stated as 90 days' remuneration from 23 September 2019. | Upheld | — | — |
Legal tests applied
5 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 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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