Case 3327229/2019 · Employment Tribunal
Mrs T Blowers v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3327229/2019
- Decision date
- 2 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs T Blowers
Key findings
Tribunal's reasoningThe Tribunal issued 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. Permission for the claim to proceed had been granted by the High Court because the first respondent was in compulsory liquidation.
The Tribunal found that the first respondent employed over 20 employees at Westpoint Peterborough, that the claimant was not in a recognised trade union or bargaining unit, and that her employment was terminated with immediate effect when the first respondent went into compulsory liquidation on 23 September 2019.
The Tribunal found there had been no proper warning or notice to, or consultation with, recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation. It held that the first respondent breached section 188 of the 1992 Act and made a protective award for the maximum protected period of 90 days starting 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 failure to comply with collective consultation requirements under section 188. The award was expressed as 90 days' remuneration from 23 September 2019, not as a monetary figure. | Upheld | — | — |
Legal tests applied
3 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- 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
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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