Miss S O'Grady v Thomas Cook Group plc (in Compulsory Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2021] UKET 2204556/2019 (22 December 2021)

The tribunal found that the respondent failed to comply with the statutory consultation requirements, and the claimant is entitled to a protective award.

Citation: [2021] UKET 2204556/2019
Parties: Claimant: Miss S O'Grady; Respondent: Thomas Cook Group plc (in Compulsory Liquidation); Respondent: The Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction: United Kingdom
Judgment Date: 22 December 2021
Procedural Posture: Employment Tribunal / Judgment
Outcome: Protective award granted
Legal Topics: Protective Award, Redundancy, Collective Consultation

Employment Law Protective Award Redundancy Collective Consultation

Case Brief

Summary, issues, holding and outcome

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

Parties

Miss S O'Grady

Claimant

Thomas Cook Group plc (in Compulsory Liquidation)

Respondent

The Secretary of State for Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy
2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory consultation requirements, and the claimant is entitled to a protective award.

Court Disposition

Protective award granted

Orders

The respondent is ordered to pay the claimant a protective award for failure to consult as required by law.