Mr S Onyema v Lemon Bar Ltd and St Judes: 4100015/2023
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 his contract and the first respondent is ordered to pay the claimant the sum of £285 (TWO HUNDRED AND EIGHTY FIVE POUNDS) amounting to 3 week’s notice (3 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 £285 uplifted by 25% for the respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures of 25% (£71.25). The total basic award is therefore £356.25 (THREE HUNDRED AND FIFTY SIX POUNDS AND TWENTY FIVE PENCE). The claimant is also awarded a compensatory award comprising the sum of £300 for loss of statutory rights, which is uplifted by 25% for the respondent’s unreasonable 462 Default judgment Scotland Case number 4100015/2023 failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures of 25% (£75). The total compensatory award is therefore £375 (THREE HUNDRED AND SEVENTY FIVE POUNDS). 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.