Mr J Johnson v Red Balloon Foundation (Insolvent CIO) and Mr L Lowrie: 3200028/2024
[1]The First Respondent was a Charitable Incorporated Organization (CIO) registered with the Charity Commission. The Charity Commission states that in September 2024 the First Respondent was insolvent and was wound up. The Second Respondent’s employment in the job of CEO was terminated because of redundancy when the Respondent was wound up in September 2024.[2]The Claimant’s claims of victimization against the First Respondent and Second Respondent contrary to s.27 Equality Act 2010 fail and are dismissed.[3]The decision of a panel representing the Board of Trustees of the First Respondent to invite the Claimant to a disciplinary hearing on 8 December 2023 and following the hearing to dismiss him from his job of Family Worker for his failure to attend work since 20 September 2022, the findings made by Employment Judge Jones at a hearing on 28 November 2023 in Case Number: 3205222/2022 that he had been dishonest in evidence he had given of his employment and means during that period; and for breach of the Respondents Team Code of Conduct where not made because of the two alleged protected acts on which the Claimant relies to pursue his claims of victimization and were not made because of his race or colour or related to his race or colour. Case Number: 3200028/2024 2[4]The decision of the Board of Trustees made after taking legal advice to defer considering the Claimant’s appeal against his dismissal until the outcome of his appeal to the Employment Appeal Tribunal against the Judgment of Employment Judge Jones made on 28 November 2023 did not subject the Claimant to any detriment and was not made because of the two alleged protected acts on which the Claimant relies to pursue his claims of victimization and were not made because of his race or colour or related to his race or colour. Note: The Claimant left the Tribunal without notice or comment shortly after Employment Judge Craft commenced an ex-tempore summary of the Tribunal’s findings and before the Tribunal’s Judgment was promulgated and did not return following enquiries made on behalf of the Tribunal. Employment Judge Craft Dated: 31 October 2025 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/.