Case 4100014/2023 · Employment Tribunal
Ms Loveth Onyema v Lemon Bar Ltd and 1 other — 2023
- Case reference
- 4100014/2023
- Decision date
- 22 March 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
Parties
3 namedClaimant
Ms Loveth Onyema
Respondents
Key findings
Tribunal's reasoningThe tribunal issued a Rule 21 default judgment because no response had been presented. On the material available, it found that the first respondent had failed to pay the claimant's contractual notice pay. The tribunal ordered payment of £570, described as 6 weeks' notice at £95 per week, and stated that this was the net sum, with any tax due being the respondent's responsibility.
The tribunal also found that the claimant's dismissal was unfair. It awarded a basic award of £570 and uplifted that by 25% because of the respondent's unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, producing a basic award of £712.50. It further awarded a compensatory award of £855 for 9 weeks' losses plus £300 for loss of statutory rights, giving £1,155 before the same 25% uplift and a final compensatory award of £1,443.75.
In addition, the tribunal awarded the claimant 2 weeks' pay, £190, for failure to issue a written statement pursuant to section 1 of the Employment Rights Act 1996. The claim against the second respondent was dismissed because the first respondent was found to be the claimant's employer.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the first respondent had failed to pay the claimant's notice pay due under her contract and ordered payment of £570, stated to be 6 weeks' notice at £95 per week net. | Upheld | — | £570 |
| Unfair dismissal | The tribunal held that the claimant's dismissal was unfair. It awarded a basic award of £712.50 after a 25% uplift for unreasonable failure to comply with the ACAS Code, and a compensatory award of £1,443.75 after the same uplift. | Upheld | — | £2,156 |
| Other | The tribunal awarded 2 weeks' pay, £190, for failure to issue a written statement pursuant to section 1 of the Employment Rights Act 1996. | Upheld | — | £190 |
Remedy
Monetary award- Total award
- £2,916
- across all upheld claims
- Basic award
- £713
- statutory, unfair dismissal
- Compensatory award
- £1,444
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- section 1 of the Employment Rights Act 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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