Case 2219158/2023 · Employment Tribunal
Miss I De Oliveira v Sama Trading Ltd trading as N/bar — 2024
- Case reference
- 2219158/2023
- Decision date
- 9 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Street Appearances
- Venue
- London Central
Parties
2 namedClaimant
Miss I De Oliveira
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld Miss I De Oliveira’s breach of contract claim against Sama Trading Ltd trading as N/bar and ordered the respondent to pay damages. The judgment records that the award was for the balance of the two-week notice period from 5 October to 14 October 2023, together with an unpaid bonus due on termination. The tribunal said the award was not subject to tax and was to be paid in full, subject to the later calculation set out in the reasons page.
In calculating the sum, the tribunal found average hours per year of 1623 and average hours per week of 31.21. It used an hourly rate of £12 and stated that tips were not included because they were payments from clients and not contractual. It treated commission as included at an average of £7.96 per week, producing weekly earnings of £374.52 plus commission of £7.96.
On that basis, pay for two weeks’ notice was calculated at £749.04 plus £15.92 commission, making £764.96. The tribunal added an unpaid bonus of £150, giving a gross award of £914.96, then deducted £128.95 already paid to 5 October 2024, leaving £786.01 gross before tax and national insurance.
The tribunal noted that the award was damages and fell within the £30,000 exemption for termination payments, but that it still had to be adjusted to reflect the tax and national insurance that would have applied if the sums had been paid as notice pay or earnings. Applying a 32% deduction for tax and national insurance, it arrived at £251.52, leaving £534.49 payable to the claimant.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Damages were awarded for breach of contract in respect of the balance of the two-week notice period and an unpaid bonus on termination. The tribunal calculated gross sums, deducted amounts already paid and then applied a 32% deduction for tax and national insurance, resulting in £534.49 payable. | Upheld | — | £534 |
Remedy
Monetary award- Total award
- £534
- across all upheld claims
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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