Case 2300222/2022 · Employment Tribunal
Mr R Foulkes v JD Fitness Group — 2022
- Case reference
- 2300222/2022
- Decision date
- 17 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge D Wright
- Venue
- London South via CVP
Parties
2 namedClaimant
Mr R Foulkes
Respondent
Key findings
Tribunal's reasoningMr Foulkes brought a contract-based claim against JD Fitness Group Ltd after the Wandsworth salon business had been transferred under TUPE and payments stopped at the end of 2021. The tribunal proceeded in the respondent's absence under Rule 21(3), could not take evidence from Mr Foulkes because he was in New Zealand and no permission had been obtained under the April 2022 Presidential Direction, and relied on the claimant's representative and spreadsheet calculations. It accepted that unpaid wages, the £13 hourly rate after the November 2021 promotion, pension contributions, tax and National Insurance, and three months' additional wages were owed, totalling £6,916.40 gross.
Mr Foulkes also sought £2,500 for stress and anxiety. The tribunal accepted that he had experienced breathing and sleeping difficulties and that the situation had caused stress, but found no medical evidence of a recognised psychological disorder. It said the symptoms were more akin to shock or travel anxiety and, because this was a breach of contract claim rather than a discrimination claim, no Vento-style award for injury to feelings was available. That part of the claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal accepted the claimant's spreadsheet calculations and awarded unpaid wages (£1,128.43), pension contributions (£268.04), tax and National Insurance contributions (£1,368.43), and three months' additional wages (£4,151.50), making £6,916.40 gross. | Upheld | — | £6,916 |
| Other | The claimant also sought £2,500 for stress and anxiety. The tribunal accepted that he had experienced stress and breathing and sleeping difficulties, but found no medical evidence of a recognised psychological disorder and said no Vento-style award was available because this was a breach of contract claim rather than a discrimination claim. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £6,916
- across all upheld claims
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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