Miss DJ Kirkness v Thomas Cook Airlines Ltd (in Compulsory Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2021] UKET 2414362/2019 (23 August 2021)

Failure by Thomas Cook Airlines Ltd to consult employees prior to collective redundancies constitutes breach of statutory duty, entitling claimant to a protective award.

Source-derived case information.

Citation: [2021] UKET 2414362/2019
Parties: Claimant: Miss DJ Kirkness; Respondent: Thomas Cook Airlines Ltd (in Compulsory Liquidation); Respondent: The Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction: United Kingdom
Judgment Date: 23 August 2021
Procedural Posture: Employment Tribunal / Final Judgment
Outcome: Claim upheld
Legal Topics: Protective Award, Collective Redundancy, Employee Rights

Employment Law Protective Award Collective Redundancy Employee Rights

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Miss DJ Kirkness

Claimant

Thomas Cook Airlines Ltd (in Compulsory Liquidation)

Respondent

The Secretary of State for Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

1 Whether the respondent failed to comply with statutory consultation requirements prior to collective redundancies
2 Entitlement of claimant to a protective award

Ratio Decidendi

Failure by Thomas Cook Airlines Ltd to consult employees prior to collective redundancies constitutes breach of statutory duty, entitling claimant to a protective award.

Court Disposition

Claim upheld

Orders

Protective award granted to claimant for maximum period permitted by statute
Secretary of State for Business, Energy and Industrial Strategy to pay claimant from National Insurance Fund

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