Case 3308797/2022 · Employment Tribunal
Mr J Kofkin v Warburtons Ltd — 2024
- Case reference
- 3308797/2022
- Decision date
- 11 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill
- Panel members
- Ms A Brosnan, Mr N Boustred
Parties
2 namedClaimant
Mr J Kofkin
Respondent
Key findings
Tribunal's reasoningThe tribunal sat at Watford on 19 to 22 February 2024 before Employment Judge Quill with lay members Ms A Brosnan and Mr N Boustred. It dismissed the complaint of failure to make reasonable adjustments for the period 15 February 2022 to 22 July 2022, and it found that the earlier reasonable adjustments complaint was out of time and that time should not be extended. The complaint of indirect discrimination was also dismissed.
All victimisation complaints failed. The tribunal further dismissed the complaint that there had been a failure to make reasonable adjustments connected to the Stage 1 attendance management decision.
The only successful complaint was that placing Mr Kofkin on Stage 1 of the Attendance Management Procedure was disability discrimination within section 15 of the Equality Act 2010. On remedy, the respondent was ordered to pay £2,304.66 in total, comprising £2,000 for injury to feelings and £304.66 interest at 8% for the period 30 March 2022 to 22 February 2024 (695 days).
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Complaint of failure to make reasonable adjustments for the period 15 February 2022 to 22 July 2022 failed and was dismissed. | Dismissed | Disability | — |
| Disability discrimination | Complaint of failure to make reasonable adjustments before 15 February 2022 was held to be out of time and time was not extended. | Dismissed | Disability | — |
| Disability discrimination | Complaint of indirect discrimination failed and was dismissed. | Dismissed | Disability | — |
| Victimisation | All victimisation complaints failed and were dismissed. | Dismissed | Disability | — |
| Disability discrimination | The tribunal held that placing the claimant on Stage 1 of the Attendance Management Procedure was disability discrimination within section 15 of the Equality Act 2010. The remedy award comprised £2,000 for injury to feelings plus £304.66 interest. | Upheld | Disability | £2,305 |
| Disability discrimination | Complaint of failure to make reasonable adjustments connected to the Stage 1 decision failed and was dismissed. |
Remedy
Monetary award- Total award
- £2,305
- across all upheld claims
Legal tests applied
1 reference- s.15 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.
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