Mr S Kynaston v Thomas Cook Group plc (In Compulsory Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy: 2200374/2020
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 respondent. The Official Receiver subsequently confirmed that the first respondent would not be contesting the protective award claims.[2]The first respondent is in compulsory liquidation and by order of the High Court dated 4 February 2021 permission was granted for this claim 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 claim for protective awards without a hearing.[4]On the information provided, the Tribunal makes the following findings.[5]The first respondent employed over 20 employees at London Aldersgate.[6]The claimant was not a member of a recognised trade union nor part of the bargaining unit at London Aldersgate. The claimant worked for Thomas Cook Group PLC.[7]The first respondent went into compulsory liquidation on 23 September 2019. At 1:47am on 23 September 2019 the Official Receiver was appointed. On 22 January 2020 the claimant was 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 or the claimant. There was no consultation with the claimant between the 23 September 2019 and 22 January 2020. 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 respondent is 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 respondent is 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 respondent 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 the claimant to whom the award relates; and(b) The date of termination of the employment of the claimant.[11]The first respondent 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 respondent. Employment Judge Ainscough Date: 2 November 2021