Case 2302131/2023 · Employment Tribunal
M Foulkes v 2Gether Support Solutions Limited — 2024
- Case reference
- 2302131/2023
- Decision date
- 29 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Burge
- Venue
- London South
- Panel members
- Mrs Effeny, Mr Huggins
Parties
2 namedClaimant
M Foulkes
Respondent
Key findings
Tribunal's reasoningAt the video hearing on 22-24 April 2024 before Employment Judge Burge, Mrs Effeny and Mr Huggins, the tribunal unanimously found that M Foulkes had been unfairly dismissed by 2Gether Support Solutions Limited. It found a 50% chance that the claimant would have been fairly dismissed in any event, that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and that the compensatory award should be increased by 10% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992. It also found no blameworthy conduct by the claimant for reduction purposes.
The tribunal found that, at the relevant times, the claimant was not a disabled person within section 6 Equality Act 2010 because of stroke and stroke-related symptoms. The complaints of unfavourable treatment because of something arising in consequence of disability and failure to make reasonable adjustments were dismissed on that basis, and the complaint of direct age discrimination was also dismissed as not well-founded. The written record records the liability findings and percentage adjustments but does not state the final monetary award figures.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal unanimously found the dismissal unfair. It also found a 50% chance that the claimant would have been fairly dismissed in any event, no blameworthy conduct by the claimant for reduction purposes, and a 10% uplift to the compensatory award under s.207A TULR(C)A 1992. | Upheld | — | — |
| Disability discrimination | Complaint of unfavourable treatment because of something arising in consequence of disability dismissed. The tribunal found that, at the relevant times, the claimant was not a disabled person within section 6 Equality Act 2010 because of stroke and stroke-related symptoms. | Dismissed | Disability | — |
| Disability discrimination | Complaint of failure to make reasonable adjustments dismissed. The tribunal found that, at the relevant times, the claimant was not a disabled person within section 6 Equality Act 2010 because of stroke and stroke-related symptoms. | Dismissed | Disability | — |
| Age discrimination | The complaint of direct age discrimination was not well-founded and was dismissed. | Dismissed | Age | — |
Legal tests applied
3 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- section 6 Equality Act 2010
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.