Ms L Onyema v Lemon Bar Ltd: 4100014/2023
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The respondent has failed to pay the claimant’s notice pay due in terms of her contract and the first respondent is ordered to pay the claimant the sum of £570 (FIVE HUNDRED AND SEVENTY POUNDS) amounting to 6 week’s notice (6 x £95). That is the net sum and any tax due (for sums for which the employer is responsible) is the respondent’s responsibility.[2]The claimant’s dismissal was unfair.[3]The claimant is awarded a basic award of £570 uplifted by 25% for the respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures of 25% (£142.50). The total basic award is therefore £712.50 (SEVEN HUNDRED AND TWELVE POUNDS AND FIFTY PENCE). 462 Default judgment Scotland Case number 4100014/2023 The claimant is also awarded a compensatory award comprising £855 (representing 9 weeks’ losses), loss of statutory rights in the sum of £300, amounting to £1155, which is uplifted by 25% for the respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures of 25% (£288.75). The total compensatory award is therefore £1,443.75 (ONE THOUSAND FOUR HUNDRED AND FORTY THREE POUNDS AND SEVENTY FIVE PENCE). The claimant is awarded 2 weeks’ pay for the respondent’s failure to issue a written statement pursuant to section 1 of the Employment Rights Act 1996, in the sum of £190 (ONE HUNDRED AND NINETY POUNDS). The claim as against the second respondent is dismissed, the first respondent being the claimant’s employer.