Case 2301877/2019 · Employment Tribunal
Mr D Foat v Department for Work and Pensions — 2019
- Case reference
- 2301877/2019
- Decision date
- 23 May 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dyal
- Venue
- London South
- Panel members
- Ms Carter, Mr Rogers
Parties
2 namedClaimant
Mr D Foat
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld specified complaints of harassment related to disability. The successful matters were forbidding the claimant from driving in the course of his work in February 2018, the conduct of the 26 April 2018 meeting, requiring attendance at a twelve-month review meeting at the Ramsgate office on 23 May 2019, and constructively dismissing the claimant.
The tribunal also upheld the reasonable adjustments complaint in one respect: the failure to offer workplace mediation. It upheld the complaint of constructive unfair dismissal and the complaint of failure to pay holiday pay. The judgment stated that the remaining complaints failed and were dismissed.
Remedy was not determined in the judgment. The tribunal stayed the case until 1 June 2022 for the parties to try to agree remedy, with directions to propose further steps if remedy was not agreed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Harassment related to disability succeeded only in respect of forbidding the claimant from driving in February 2018, the conduct of the 26 April 2018 meeting, insisting on attendance at a 23 May 2019 twelve-month review meeting at Ramsgate, and constructively dismissing the claimant. Other harassment complaints were dismissed. | Upheld | Disability | — |
| Disability discrimination | The complaint of breach of the duty to make reasonable adjustments succeeded only in respect of the failure to offer workplace mediation. Other reasonable adjustment complaints were dismissed. | Upheld | Disability | — |
| Constructive dismissal | The tribunal stated that the complaint of constructive unfair dismissal succeeded. | Upheld | — | — |
| Holiday pay | The tribunal stated that the complaint of failure to pay holiday pay succeeded. | Upheld | — | — |
Legal tests applied
2 references- Equality Act 2010 section 26
- regulation 14 of the Working Time Regulations 1998
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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