Case 1808935/2025 · Employment Tribunal
Mr F McGowan v M.J. UPH Leeds Ltd — 2026
- Case reference
- 1808935/2025
- Decision date
- 14 August 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Deeley On
- Venue
- Leeds
Parties
2 namedClaimant
Mr F McGowan
Respondent
Key findings
Tribunal's reasoningEmployment Judge Deeley gave judgment under Rule 22 on 14 August 2026 at Leeds Employment Tribunal by CVP. M.J. UPH Leeds Ltd had not presented a response and did not attend the hearing. Mr F McGowan's wrongful dismissal complaint was upheld, with damages of £5,004.22 gross for 12 weeks' statutory notice pay.
The unfair dismissal complaint was also upheld. The judgment records compensation of £19,799.74 gross and lists a £12,510 basic award based on twenty complete years' service at age 42 or older. It awards £5,838.26 for six months' loss of earnings less statutory notice pay, covering the period to 31 March 2026, and £500 for loss of statutory rights. The respondent had told the tribunal that the business would cease trading on that date because of the owner's retirement. The tribunal noted that the company remained listed as active on Companies House at the hearing date.
The tribunal awarded a 15% uplift of £950.74 for failure to comply with the ACAS Code of Practice on Disciplinary Procedures. It took the business's small size and resources into account when setting the uplift. The listed unfair dismissal components total £19,799.00, which differs from the stated award of £19,799.74.
McGowan had accrued 14 days' holiday in the 2025/26 holiday year and taken 13 days when dismissed on 29 September 2025. The tribunal awarded £83.40 gross for the outstanding day. His representative confirmed that he had not intended to bring an automatically unfair dismissal complaint based on whistleblowing and that the relevant box had been ticked by mistake.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Gross damages for 12 weeks' statutory notice pay. | Upheld | — | £5,004 |
| Unfair dismissal | The gross award is recorded as £19,799.74, but its listed components total £19,799.00. The compensatory_award field records £5,838.26 for loss of earnings plus £500 for loss of statutory rights, before the separately stated £950.74 ACAS uplift. No combined total for all three claim awards is stated, so total_award is null. | Upheld | — | £19,800 |
| Holiday pay | Gross payment for one outstanding day's holiday, calculated as 1/260th of annual gross pay. | Upheld | — | £83 |
Legal tests applied
2 references- Rule 22
- ACAS Code of Practice on Disciplinary Procedures
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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