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

The Tribunal issued a Rule 21 judgment without a hearing because the first respondent had not presented a response, the Official Receiver confirmed that the protective award claims would not be contested, and the Secretary of State had made legal submissions. 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 in a recognised trade union bargaining unit, and that the first respondent went into compulsory liquidation on 23 September 2019. The claimant was notified of termination on 22 November 2019.

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 from 23 September 2019, subject to the recoupment provisions for relevant benefits.