Case 3327560/2019 · Employment Tribunal
Mrs A Outhwaite-Clarke v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022
- Case reference
- 3327560/2019
- Decision date
- 28 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs A Outhwaite-Clarke
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, the Official Receiver confirmed that the first respondent would not contest the protective award claims, and the Tribunal issued judgment under rule 21 without a hearing.
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 part of the bargaining unit there, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified that employment was terminated with immediate effect.
The Tribunal found that there was 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 under section 188A. It held that the first respondent was in breach of section 188 and made a protective award 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 section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. The judgment awarded 90 days' remuneration but did not state a monetary figure. | 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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