Case 3313785/2019 · Employment Tribunal
Mr S MCGUIRK v Epic Pub Company Limited in Voluntary Liquidation — 2019
- Case reference
- 3313785/2019
- Decision date
- 27 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor Appearance
- Venue
- Watford via CVP
Parties
2 namedClaimant
Mr S MCGUIRK
Key findings
Tribunal's reasoningThe tribunal found that Mr S McGuirk was dismissed within the meaning of section 95 of the Employment Rights Act 1996 on 22 January 2019 and that the dismissal was unfair. It awarded £28,668.00 for unfair dismissal, made up of a basic award of £1,016, a compensatory award of £22,121.60, and a 25% uplift of £5,530.40 for failure to follow the ACAS Code of Practice.
The tribunal also upheld the claimant’s breach of contract claim. It treated the contractual notice period as three months, calculated notice pay at £3,568 per month, deducted £3,136.08 already paid, and awarded £7,567.92.
The claimant’s holiday pay claim was also found well founded. The tribunal awarded £2,058 for 12.5 days of holiday.
For recoupment purposes, the tribunal recorded that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied to the unfair dismissal compensatory award. It stated that the prescribed period was 23 January 2019 to 27 October 2019, the prescribed element was £27,652, and the amount above the prescribed element was £10,461. The total award for all claims was £38,293.92.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was dismissed within the meaning of section 95 of the Employment Rights Act 1996 on 22 January 2019 and that the dismissal was unfair. The compensation was calculated as a basic award of £1,016, a compensatory award of £22,121.60, and a 25% uplift of £5,530.40 for failure to follow the ACAS Code of Practice. | Upheld | — | £28,668 |
| Breach of contract | The tribunal found the breach of contract claim well founded. It calculated notice pay on a three-month notice period at £3,568 per month, less £3,136.08 already paid. | Upheld | — | £7,568 |
| Holiday pay | The tribunal found the holiday pay claim well founded and awarded pay for 12.5 days of holiday. | Upheld | — | £2,058 |
Remedy
Monetary award- Total award
- £38,294
- across all upheld claims
- Basic award
- £1,016
- statutory, unfair dismissal
- Compensatory award
- £22,122
- compensatory remedy recorded
Legal tests applied
3 references- section 95 of the Employment Rights Act 1996
- ACAS Code of Practice
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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