Miss K Thomson v Thomas Cook (in compulsory liquidation) and The Secretary of State for Business, Energy & Industrial Strategy (England and Wales : Protective Award) [2023] UKET 3324974/2019 (29 March 2023)

Miss K Thomson v Thomas Cook (in compulsory liquidation) and The Secretary of State for Business, Energy & Industrial Strategy (England and Wales : Protective Award) [2023] UKET 3324974/2019 (29 March 2023)

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
[2023] UKET 3324974/2019
Parties
Claimant: Miss K Thomson; Respondent: Thomas Cook (in compulsory liquidation); Respondent: The Secretary of State for Business, Energy & Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
29 March 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

Case Brief

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Parties

Miss K Thomson

Claimant

Thomas Cook (in compulsory liquidation)

Respondent

The Secretary of State for Business, Energy & 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 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 in favour of the claimant.

Orders

  • The respondent is ordered to pay a protective award to the claimant, to be paid by the Secretary of State for Business, Energy & Industrial Strategy.