Case 3327942/2019 · Employment Tribunal

Mr K Taylor v Thomas Cook Group UK Travel Ltd (in compulsory liquidation) and 1 other — 2022

Case reference: 3327942/2019
Decision date: 25 March 2022
Jurisdiction: England & Wales
Judge: Employment Judge Ainscough Date

Indexed: 19 May 2026

Parties

3 named

Claimant

Mr K Taylor

Respondents

Key findings

Tribunal's reasoning

The claimant claimed a protective award for alleged breaches 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, that the claimant was not a member of a recognised trade union or part of the bargaining unit, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified of termination on 22 January 2020.

The Tribunal found that there was no proper warning, notice, 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 breached the duty under section 188 and made a protective award for the maximum protected period of 90 days beginning 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 section 188 collective consultation requirements. The award was expressed as 90 days' remuneration from 23 September 2019, with no monetary figure stated.	Upheld	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

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