Miss G. Barlow v Goodlife Barbershop limited — 2024

The tribunal found that Miss Barlow was an employee of Goodlife Barbershop Limited from 27 July 2020. Her ordinary unfair dismissal complaint was dismissed, as was her complaint of unauthorised deduction from wages.

The tribunal found the breach of contract complaint well-founded and ordered payment of £462.50, described as one week’s pay plus a 25% uplift and calculated using gross pay to reflect the likelihood that post-employment notice pay would be taxed. It also found the holiday pay complaint well-founded under regulation 16(1) of the Working Time Regulations 1998 and ordered £4,972.50, described as 53 days plus a 25% uplift and payable gross, with the claimant responsible for any tax or national insurance.

When the proceedings began, the respondent was in breach of its duty to provide written particulars of employment, and the tribunal made an award under section 38 of the Employment Act 2002 equivalent to four weeks' gross pay, amounting to £1,480. The tribunal also found the pregnancy and maternity discrimination complaint well-founded and declined to make a recommendation.

For the discrimination claim, the tribunal awarded £33,850.52 for past financial losses, £2,255.45 interest on that loss, £12,500 for injury to feelings, £1,668.49 interest on injury to feelings, and a further £5,068.61 gross-up, producing a total award of £55,343.07. The tribunal also stated that the respondent unreasonably failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures 2015 and increased the awards in respect of the discriminatory dismissal, breach of contract, and Working Time Regulations matters by 25% under section 207A of TULR(C)A 1992.