S Whitelaw v Desmond Maguire Ltd

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EMPLOYMENT TRIBUNALS (SCOTLAND)   Case No: 4110429/2021 10 Hearing held in Glasgow on 7 December 2023 Employment Judge R Mackay 15 Mr Steven Whitelaw Claimant In Person Desmond Maguire Ltd Respondent 20 Represented by: Mr Bryce, Counsel

25 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal that the claimant’s claim for breach of contract succeeds and the respondent shall pay to the claimant the sum of ONE THOUSAND FOUR HUNDRED POUNDS (£1,400) as damages. This is a gross sum. The respondent shall be liable to account to HMRC for any income tax or 30 national insurance contributions which may be due on t...

REASONS Background 35 1. The claimant originally brought complaints of unfair dismissal and breach of contract. He did not have the requisite qualifying period to claim unfair Active:117768897v1 4110429/2021 Page 2 dismissal. On that basis, the claim proceeded to consider the contract claim alone. In short, the claimant seeks payment in lieu of his contractual notice period. Parties agreed that...

2. The respondent defended the claim on the basis that the claimant was not 5 entitled to notice by virtue of his repudiatory breach of contract, and the respondent having dismissed in response to that repudiatory breach.