Case 2407434/2023 · Employment Tribunal
Louise McGann v Sarah Louise Aesthetics Limited — 2024
- Case reference
- 2407434/2023
- Decision date
- 12 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Serr Date
- Venue
- Manchester via CVP
Parties
2 namedClaimant
Louise McGann
Respondent
Key findings
Tribunal's reasoningEmployment Judge Serr, sitting alone at Manchester via CVP on 31 May 2024, found in favour of the claimant on both complaints. The respondent did not appear. The complaint of breach of contract regarding notice pay was well-founded and the respondent was ordered to pay £1,360 in damages, calculated on gross pay to reflect the likely tax treatment as Post Employment Notice Pay. The complaint of unfair dismissal was also well-founded and the claimant was found to have been unfairly dismissed.
The Tribunal declined to reduce the award under Polkey v AE Dayton Services Ltd and found the claimant had not caused or contributed to the dismissal by blameworthy conduct. The Tribunal held that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and that it was just and equitable to increase the compensatory award by 25% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The respondent was ordered to pay a basic award of £2,040 and a compensatory award of £16,394, stated as the actual sums payable after any deductions or uplifts. The Recoupment Regulations did not apply as the claimant was not in receipt of state benefits at the material time.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay calculated using gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £1,360 |
| Unfair dismissal | Basic award £2,040 plus compensatory award £16,394 (compensatory award stated as the actual sum payable after a 25% ACAS uplift under s.207A TULR(C)A 1992; no Polkey reduction; no contributory fault). | Upheld | — | £18,434 |
Remedy
Monetary award- Total award
- £19,794
- across all upheld claims
- Basic award
- £2,040
- statutory, unfair dismissal
- Compensatory award
- £16,394
- compensatory remedy recorded
Legal tests applied
3 references- Polkey v AE Dayton Services Ltd
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
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.
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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