Mrs H Chambers v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022

The judgment was issued under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed the protective award claims would not be contested, and the Tribunal considered it could determine the claim without a hearing. The first respondent was in compulsory liquidation, and High Court permission had been granted for the claim to proceed.

The Tribunal found that the first respondent employed over 20 employees at Peterborough Westpoint, that the claimant was not a member of a recognised trade union or bargaining unit there, and that her employment was terminated with immediate effect when the first respondent went into compulsory liquidation on 23 September 2019. It found there had been no proper warning, notice or consultation with recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation.

The Tribunal held that the first respondent breached the duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It made a protective award under section 189 for the maximum protected period of 90 days commencing on 23 September 2019, subject to the recoupment provisions for relevant benefits.