Mr M Jordan v Thomas Cook and 1 other — 2022

The Tribunal gave judgment 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 permission had been granted by the High Court for the claim to proceed despite the first respondent's compulsory liquidation.

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 on 29 October 2019 that his employment would terminate on 31 October 2019.

The Tribunal found there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, no consultation with the claimant between 23 September 2019 and 31 October 2019, and no elected or appointed employee representatives for consultation under section 188A. It held that the first respondent breached section 188 and made a protective award for the maximum protected period of 90 days commencing on 23 September 2019, subject to the recoupment regulations.