Case 4102008/2022 · Employment Tribunal
Mr Declan Lapsley v Alain Ballantine T/A ARB Decor — 2022
- Case reference
- 4102008/2022
- Decision date
- 23 June 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Shepherd
Parties
2 namedClaimant
Mr Declan Lapsley
Respondent
Key findings
Tribunal's reasoningThe case was heard remotely by CVP on 15 June 2022 before Employment Judge J Shepherd. The claimant was Mr Declan Lapsley and the respondent was Alain Ballantine T/A ARB Decor.
The Tribunal held that it did not have jurisdiction to consider the unfair dismissal claim under s.111 of the Employment Rights Act 1996, and that claim was dismissed. It also held that it did not have jurisdiction to consider the claimant's unpaid notice pay claim, whether advanced as a claim for unauthorised deduction from wages under s.23 of the Employment Rights Act 1996 or as a breach of contract claim under Article 7 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994.
No monetary award was made. The judgment was dated 22 June 2022 and entered in the register on 23 June 2022.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal held that it did not have jurisdiction to consider the unfair dismissal claim under s.111 of the Employment Rights Act 1996. | Dismissed | — | — |
| Unlawful deduction from wages | The Tribunal held that it did not have jurisdiction to consider the unpaid notice pay claim as a claim for unauthorised deduction from wages under s.23 of the Employment Rights Act 1996. | Dismissed | — | — |
| Breach of contract | The Tribunal held that it did not have jurisdiction to consider the unpaid notice pay claim as a claim for breach of contract under Article 7 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994. | Dismissed | — | — |
Legal tests applied
3 references- s.111 Employment Rights Act 1996
- s.23 Employment Rights Act 1996
- Article 7 Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994
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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