Unite the Union v Thomas Cook Airlines Ltd (In Liquidation): 4114763/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4114763/2019
Unite the UnionClaimantThomas Cook Airlines Ltd (In Liquidation)Respondent
Employment Judge Susan WalkerDate 15 July 2021

JUDGMENT

The Employment Judge has decided to issue the following judgment on the available material under rule 21.[1]The claimant is entitled to bring this claim because the complaint concerns a failure relating to representatives of a trade union, and the claimant is the relevant union.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in compulsory liquidation but the relevant court granted permission for the continuation of these proceedings on 4 February 2021.[4]The complaint that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The Tribunal makes a protective award in respect of all affected employees of the Respondent:(i) who were employed at Glasgow Airport(ii) who were dismissed as redundant by the Respondent or whom the respondent proposed to dismiss as redundant(iii) who were of a description in respect of whom the reclaimant was recognised and who fell within the bargaining unit covered by the Recognition Agreement between the respondent and the claimant.[7]The respondent is ordered to pay remuneration for the protected period. The protected period begins with 23 September 201 9 and lasts for 90 days.