Mr CM Jones and others v Thomas Cook Airlines Ltd (in Compulsory Liquidation) and others: 2417061/2019 & Others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The first - fifth respondents not having presented a response to the claims and the Secretary of State making legal submissions prior to the rule 21 Judgment, and on the information before the Judge, the judgment of the Tribunal is that:[1]The claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the first - fifth respondents to comply with the requirements of section 188 of the 1992 Act are well-founded.[2]The Tribunal orders the first - fifth respondents by way of a protective award under section 189(3) of the 1992 Act to pay to the claimants a payment equivalent to remuneration for the period of 90 days beginning on 23 September 2019.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.REASONS
[1]The claimants 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 - fifth respondents. The Official Receiver subsequently confirmed that the first - fifth respondents would not be contesting the protective award claims.[2]The first - fifth respondents are in compulsory liquidation and by order of the High Court dated 4 February 2021 permission was granted for these 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 claim for protective awards without a hearing.[4]On the information provided, the Tribunal makes the following findings.[5]The first - fifth respondents employed over 20 employees at a) the Westpoint Peterborough site. b) the Hangar 1 Manchester Airport site. c) the Cardinal House Manchester site d) the Aldersgate London site[6]The claimants were not members of a recognised trade union nor part of a bargaining unit.[7]The first - fifth respondents went into compulsory liquidation on 23 September 2019. At 1:47am on 23 September 2019 the Official Receiver was appointed. The claimants were notified of termination of employment between 23 September 2019 – 28 February 2020.[8]There was no proper warning or notice given to or consultation with the recognised trade unions or the claimants. There was no consultation with the claimants between 23 September 2019 and 28 February 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 - fifth 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 claimants for the maximum protected period of 90 days commencing on 23 September 2019.[10]The first - fifth 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 - fifth 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 the claimants to whom the award relates; and(b) The date of termination of the employment of the claimants.[11]The first - fifth 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 – fifth respondents. Employment Judge Ainscough Date: 11 May 2022