Case 4100015/2023 · Employment Tribunal
Mr Sunday Onyema v Lemon Bar Ltd and 1 other — 2023
- Case reference
- 4100015/2023
- Decision date
- 22 March 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
Parties
3 namedClaimant
Mr Sunday Onyema
Respondents
Key findings
Tribunal's reasoningThis was a Rule 21 default judgment because no response had been presented to the claim. On the available material, Employment Judge D Hoey held that the first respondent had failed to pay the claimant's contractual notice pay and ordered the first respondent to pay £285, described as 3 weeks' notice at £95 per week net.
The tribunal also found that the claimant's dismissal was unfair. It awarded a basic award of £285, uplifted by 25% to £356.25 because of the respondent's unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, and a compensatory award of £300 for loss of statutory rights, also uplifted by 25% to £375.
In addition, the tribunal awarded £190, described as 2 weeks' pay, for the respondent's 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 the claimant's employer. The monetary awards recorded in the judgment total £1,206.25.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found that the first respondent failed to pay the claimant's contractual notice pay. It ordered payment of £285, being 3 weeks' notice at £95 per week net, and stated that any tax due on sums for which the employer is responsible remained the respondent's responsibility. | Upheld | — | £285 |
| Unfair dismissal | The tribunal found the claimant's dismissal was unfair. It awarded a basic award of £356.25 and a compensatory award of £375, each reflecting a 25% uplift for unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. | Upheld | — | £731 |
| Other | The tribunal awarded 2 weeks' pay, stated as £190, for the respondent's failure to issue a written statement pursuant to section 1 of the Employment Rights Act 1996. | Upheld | — | £190 |
Remedy
Monetary award- Total award
- £1,206
- across all upheld claims
- Basic award
- £356
- statutory, unfair dismissal
- Compensatory award
- £375
- compensatory remedy recorded
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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