Do Thomas Cook Staff Get Redundancy Payments?

Author:
David Jones
Employment Law Associate Solicitor
Date:
27/09/2019

Not in the traditional sense, in that the employer automatically pays the employee an agreed redundancy package at the end of their employment.

If you were a Thomas Cook employee, you will need to make a claim for any money owed to you, including any redundancy pay. But staff can also make a Protective Award claim, to find out if you qualify use our free online eligibility checker.

To qualify for a redundancy payment, you will have to have worked for Thomas Cook for two years or more, and be classed as an employee. But you can make a Protective Award claim with less than two years of service working for Thomas Cook.

Redundancy Payments Service

You can make a claim for redundancy pay, wages, holiday, commission or other monies owed to you through the GOV.UK Redundancy Payments Service (RPS).

To be eligible you need to be a UK or EEA national or have the right to work in the UK, and have been employed by Thomas Cook.

What You Can Claim For

There are capped limits for what you can claim for under the RPS Scheme:

  1. Wages – Capped at 8 weeks’ pay and to £525 per week
  2. Holiday Pay – Capped at 6 weeks’ pay and to £525 per week
  3. Redundancy Pay (if worked for 2 or more years) – Capped at £525 per week, and:
    • Half a week’s pay for each full year you were employed and under 22 years old
    • One week’s pay for each full year you were employed and between 22 and 40 years old
    • One and half week’s pay for each full year you were employed and 41 or older
  4. Statutory notice pay – Capped at £525 per week, and
    • One week’s notice for every year you were employed, up to a maximum of twelve weeks.

Further Information Required

In order to make a redundancy claim you need to have the following information:

  • A ‘CN’ (case reference) number – in this case CN10004861 (as provided by the Insolvency Practitioners for Thomas Cook)
  • Your National Insurance number
  • An email address
  • Your bank or building society details (so you can get paid)
  • The date you became redundant - this can be found on your official letter of redundancy
  • Your employment details, including dates you were employed and how much you were paid
  • Details of any money you’re owed by your employer
  • The number of holiday days you’re entitled to and holiday days you’ve taken
  • Copies of any letters sent to or received from your employer or an Employment Tribunal
  • Details of any money you still owe your employer.

As Thomas Cook is insolvent, Insolvency Practitioners from AlixPartners have been appointed as Special Managers. Employees should make their claims for the types of payments listed above to AlixPartners. For more details see AlixPartners information for Thomas Cook Employees.

Employment Tribunal Claim for Protective Award

You can also make a claim at the Employment Tribunal for a Protective Award. You can claim a Protective Award where there were more than 20 employees made redundant and the correct redundancy consultation procedures were not followed.

Once you have a judgment in your favour for a Protective Award, a sum of money can be recovered from the RPS, as summarised above, and similar caps will apply to the RPS payment (maximum of 8 weeks’ pay at the maximum rate of £525 per week).

How Simpson Millar Can Help You

Our Employment Law Solicitors are offering Thomas Cook staff free initial legal advice and a free initial discussion about your circumstances. We may be able to deal with your case on a No Win, No Fee basis - ask us for details.

We successfully brought legal action on behalf of former employees of businesses placed in to administration including BHS (retail), Multiyork (furniture), and Vertu (mobile phones).

We are currently working on claims for former employees of FlyBMI, Jamie’s Italian restaurants, Dawnus (construction), Canute Haulage Group and others.

Click here to check your eligibility for a Protective Award Claim

For free initial legal advice call our Employment Solicitors

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