Unite the Union v Thomas Cook Airlines Ltd (in Compulsory Liquidation) and Others: 1400340/2020 and Others
REASONS
[1]The claimant claimed a protective award in respect of breaches of the collective consultation requirements under the 1992 Act. No response was presented to the claim by the first and second respondents. The Official Receiver subsequently confirmed that the first and second respondents would not be contesting the protective award claims.[2]The first and second respondents are in compulsory liquidation and by order of the High Court dated 4 February 2021 permission was granted for the claims to proceed.[3]On full consideration of the file of proceedings it was possible to issue this Judgment under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 in respect of the claims for protective awards without a hearing.[4]On the information provided, the Tribunal makes the following findings.[5]The first and second respondents employed over 20 employees at the following sites:(a) Bristol Airport(b) Cardiff Airport[6]Unite the Union was a recognised trade union for the purposes of collective bargaining at both sites pursuant to the Recognition and Procedural Agreement for all grades of cabin crew and pursuant to the Engineering Recognition Agreement on behalf of all engineers.[7]The first and second respondents went into compulsory liquidation on 23 September 2019. At 1:47am on 23 September 2019 the Official Receiver was appointed. Later that day the claimants were notified of termination of employment with immediate effect.[8]There was no proper warning or notice given to or consultation with the recognised trade unions. In addition, no employee representatives had been elected or appointed for any such consultation within section 188A of the 1992 Act.[9]In the circumstances, the first and second respondents are in breach of the duty under section 188 of the 1992 Act and the Tribunal makes an award under section 189 in favour of the claimant for the maximum protected period of 90 days commencing on 23 September 2019.[10]The first and second respondents are advised of the provisions of regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, such that, within ten days of the decision in these proceedings being promulgated or as soon as is reasonably practicable, the first and second respondents must comply with the provisions of regulation 6 of the 1996 Regulations and, in particular, must supply to the Secretary of State the following information in writing:(a) The name, address and national insurance number of every employee to whom the award relates; and(b) The date of termination of the employment of each such employee.[11]The first and second respondents will not be required to make any payment under the protective awards made until it has received a recoupment notice from the Secretary of State or notification that the Secretary of State does not intend to serve a recoupment notice having regard to the provisions of regulation 7(2). The Secretary of State must normally serve such recoupment notice or notification on the employer within 21 days of receipt of the required information from the first to sixth respondents. Employment Judge Ainscough Date: 27 July 2021