Case 2301170/2022 · Employment Tribunal

Patricia McMinigal v Michelle Edgington and 2 others — 2024

Case reference: 2301170/2022
Decision date: 9 January 2024
Jurisdiction: England & Wales
Judge: Employment Judge Mensah Date
Venue: London South
Panel members: Dr C Brown, Mrs A Sadler

Indexed: 22 May 2026

Parties

4 named

Claimant

Patricia McMinigal

Respondents

Key findings

Tribunal's reasoning

The tribunal found that the claimant transferred from the Second Respondent to the First Respondent on 25 February 2022, and it held the First Respondent liable for the sums awarded. It upheld the claim for automatic unfair dismissal connected with the transfer of undertaking and also upheld the ordinary unfair dismissal claim, finding that the claimant was substantively and procedurally unfairly dismissed.

The tribunal also upheld the claims for unpaid and accrued holiday pay, notice pay, and failure to inform and consult under TUPE. It awarded 3 weeks' holiday pay of £934.56, 8 weeks' notice pay under section 86 ERA 1996 of £2,492.16, and 2 weeks' gross pay for the TUPE consultation failure of £623.90.

In remedy, the tribunal used a gross weekly pay figure of £311.52. It made a basic award of £3,743.40, being 12 weeks' pay at 1.5 weeks for each of 8 full years' service, and made no reduction for contributory conduct before dismissal. For the compensatory award, it took 7 weeks' pay for the period the public house was closed for refurbishment between 25 February 2022 and 15 April 2022, reduced that by 5% for the claimant's conduct on 25 February 2022, and uplifted it by 15% for the failure to follow the ACAS Code. The tribunal also awarded £500 for loss of statutory rights, giving a total gross award of £10,692.74 subject to deductions for tax and NI. It stated that the Recoupment Regulations applied, with the prescribed period running from 25 February 2022 to 15 April 2022 and the prescribed element recorded as £2,180 gross or £1,977.57 net.

Claims and outcomes

5 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Automatic unfair dismissal connected with a transfer of undertaking; the tribunal held the claimant transferred to the First Respondent on 25.02.2022 and placed liability for the sums awarded on the First Respondent. No separate remedy amount was split out for this finding.	Upheld	—	—
Unfair dismissal	Ordinary unfair dismissal; the tribunal found the claimant was substantively and procedurally unfairly dismissed. No separate remedy amount was split out for this finding.	Upheld	—	—
Holiday pay	Unpaid and accrued holiday pay; awarded for 3 weeks' untaken and outstanding holiday.	Upheld	—	£935
Breach of contract	Notice pay; awarded as 8 weeks' pay in accordance with section 86 ERA 1996.	Upheld	—	£2,492
Transfer of undertakings (TUPE)	Failure to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006; awarded as 2 weeks' gross pay.	Upheld	—	£624

Remedy

Monetary award

Total award: £10,693; across all upheld claims
Basic award: £3,743; statutory, unfair dismissal
Compensatory award: £2,399; compensatory remedy recorded

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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