Case 4101963/2020 · Employment Tribunal
Mr Derek Rutherford v Skyform (Scotland) Limited — 2021
- Case reference
- 4101963/2020
- Decision date
- 7 July 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge R McPherson
Parties
2 namedClaimant
Mr Derek Rutherford
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting at a CVP hearing on 25 June 2021, gave oral reasons and held that the respondent breached Mr Rutherford's contract in respect of notice pay. It found that the respondent failed to give 4 weeks' notice required by s.86(4) ERA 1996 and ordered payment of damages of £4,583.33 gross, with any lawful deductions to be made by the respondent if applicable.
Mr Rutherford's separate claim for unlawful deductions from wages did not succeed. No further reasons for that dismissal are set out in the short written judgment, and no other remedy was awarded beyond the notice-pay damages.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the respondent breached the claimant's contract by failing to give 4 weeks' notice under s.86(4) ERA 1996. The award was expressed gross of tax and national insurance. | Upheld | — | £4,583 |
| Unlawful deduction from wages | The claimant's claim in respect of unlawful deductions did not succeed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,583
- across all upheld claims
Legal tests applied
1 reference- s.86(4) ERA 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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