Case 2406284/2019 · Employment Tribunal
Mr S Onwudiwe v Sector Security Services Ltd — 2020
- Case reference
- 2406284/2019
- Decision date
- 2 November 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharkett
- Venue
- Manchester via CVP
Parties
2 namedClaimant
Mr S Onwudiwe
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting alone before Employment Judge Sharkett, dealt with four claims brought by Mr S Onwudiwe against Sector Security Services Ltd. The respondent conceded the unlawful deduction of wages claim in the sum of £93.96, and the tribunal found that sum had been unlawfully deducted from the claimant's wages. Compensation of £93.96 was awarded, with the claimant responsible for any employee liability to tax on that amount.
The claimant also pursued a breach of contract claim based on the respondent's disciplinary and grievance procedure. The tribunal found that procedure was not contractual, so the claim was not well founded and was dismissed. The judgment therefore did not make any contractual award beyond the wages deduction finding.
The claimant further alleged that he was automatically dismissed under section 99 ERA 1996 by reason of exercising rights under section 57A ERA 1996. That claim was rejected as not well founded and was dismissed. The tribunal also rejected the wrongful dismissal claim, holding that the respondent was entitled to dismiss the claimant without notice or payment in lieu of notice.
The only monetary award recorded in the judgment was £93.96 for the unlawful deduction of wages claim. The judgment also included the standard notice on interest under the Employment Tribunals (Interest) Order 1990, but it did not set out any quantified interest award in the reasons or judgment sum.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The respondent conceded the unlawful deduction of wages claim in the sum of £93.96, and the tribunal held that sum was unlawfully deducted and awarded compensation of £93.96, with the claimant responsible for any employee liability to tax on that amount. | Upheld | — | £94 |
| Breach of contract | The tribunal found the respondent's disciplinary and grievance procedure was not contractual, so the claim for failure to follow that procedure was not well founded. | Dismissed | — | — |
| Unfair dismissal | The claimant's contention that he was automatically dismissed under section 99 ERA 1996 by reason of exercising rights under section 57A ERA 1996 was rejected as not well founded. | Dismissed | — | — |
| Wrongful dismissal | The tribunal held the respondent was entitled to dismiss the claimant without notice or payment in lieu of notice, so the wrongful dismissal claim failed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £94
- across all upheld claims
Legal tests applied
3 references- s.99 ERA 1996
- s.57A ERA 1996
- Employment Tribunals (Interest) Order 1990
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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