Mr N Dudleston 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 2204471/2019 (22 December 2021)

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

Citation: [2021] UKET 2204471/2019
Parties: Claimant: Mr N Dudleston; 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 on Protective Award
Outcome: Protective award granted
Legal Topics: Protective Award, Collective Redundancy, Consultation Requirements

Employment Law Protective Award Collective Redundancy Consultation Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Mr N Dudleston

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 on Protective Award

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Protective award granted

Orders

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