Ms S Holton v Thomas Cook Group plc (in compulsory liquidation) and Secretary of State For Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2023] UKET 2205987/2019 (17 April 2023)

Ms S Holton v Thomas Cook Group plc (in compulsory liquidation) and Secretary of State For Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2023] UKET 2205987/2019 (17 April 2023)

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

Source-derived case information.

Citation
[2023] UKET 2205987/2019
Parties
Claimant: Ms S Holton; Respondent: Thomas Cook Group plc (in compulsory liquidation); Respondent: Secretary of State For Business, Energy and Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
17 April 2023
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimant.
Legal Topics
Protective Award, Redundancy, Collective Consultation
Employment Law Protective Award Redundancy Collective Consultation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms S Holton

Claimant

Thomas Cook Group plc (in compulsory liquidation)

Respondent

Secretary of State For Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Protective award granted in favour of the claimant.

Orders

  • The respondent is ordered to pay the claimant a protective award for the maximum period permitted by law.