Claimant v Red Balloon Foundation (Insolvent CIO)
Outcome
Individual claims
The tribunal found that the decision to invite the Claimant to a disciplinary hearing and dismiss him for failure to attend work since 20 September 2022, findings of dishonesty, and breach of Code of Conduct were not made because of the two alleged protected acts relied upon by the Claimant and were not related to his race or colour.
The tribunal found that the dismissal decision was not made because of the Claimant's race or colour. The dismissal was based on failure to attend work, findings of dishonesty in previous tribunal proceedings, and breach of the Team Code of Conduct.
The tribunal found that the Board's decision to defer consideration of the Claimant's appeal until the outcome of his Employment Appeal Tribunal appeal did not subject him to any detriment and was not because of protected acts or related to his race or colour.
Facts
The Claimant was employed as a Family Worker by a charitable organisation. He was dismissed following a disciplinary hearing on 8 December 2023 for failing to attend work since 20 September 2022, for dishonesty in evidence given in previous tribunal proceedings (Case Number 3205222/2022 heard by Employment Judge Jones on 28 November 2023), and for breach of the Team Code of Conduct. The Claimant brought claims of victimisation and race discrimination. The First Respondent charity became insolvent and was wound up in September 2024.
Decision
The tribunal dismissed all claims. It found that the decisions to discipline and dismiss the Claimant, and to defer his appeal, were not because of any protected acts or related to his race or colour. The dismissal was based on legitimate reasons including non-attendance at work, findings of dishonesty from previous proceedings, and breach of conduct rules.
Practical note
A dismissal based on non-attendance, proven dishonesty in previous tribunal proceedings, and code of conduct breaches can defeat victimisation and discrimination claims where there is no evidential link to protected acts or protected characteristics.
Legal authorities cited
Statutes
Case details
- Case number
- 3200028/2024
- Decision date
- 13 October 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Family Worker
Claimant representation
- Represented
- No