M Foulkes v 2Gether Support Solutions Ltd: 2302131/2023
JUDGMENT
The unanimous Judgment of the Tribunal is as follows:[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]There is a 50% chance that the Claimant would have been fairly dismissed in any event.[3]The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the Claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[4]The Claimant did not cause or contribute to the dismissal by blameworthy conduct and so it is not just and equitable to reduce the basic and compensatory awards. Case No: 2302131/2023[5]At the relevant times the Claimant was not a disabled person as defined by section 6 Equality Act 2010 because of stroke and stroke related symptoms.[6]The complaints of unfavourable treatment because of something arising in consequence of disability and/or failure to make reasonable adjustments are therefore dismissed.[7]The complaint of direct age discrimination is not well-founded and is dismissed. Employment Judge Burge Date: 24 April 2024 29 April 2024 ........................................................................................................... ........................................................................................................... FOR EMPLOYMENT TRIBUNALS Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.