Claimant v Capita Business Services Ltd
Outcome
Individual claims
The tribunal found the respondent had a genuine belief in the claimant's gross misconduct following a reasonable investigation. The claimant made clear admissions during the disciplinary hearing that he had inappropriately left his personal phone number with a vulnerable customer, wrongly coded the visit, and made inappropriate comments about the customer. The tribunal concluded that summary dismissal for gross misconduct fell within the range of responses of a reasonable employer, given the claimant's role involved visiting customers in their homes and his conduct destroyed the trust and confidence the employer was entitled to have in him.
Struck out in December 2023 for failure to provide further and better particulars pursuant to an Unless Order made by the Tribunal.
Struck out in December 2023 for failure to provide further and better particulars pursuant to an Unless Order made by the Tribunal.
Facts
The claimant was a TV Licensing Visiting Officer who visited a vulnerable young customer's home. He left his personal phone number on an official card with the customer, wrongly coded the visit as not requiring a licence without proper investigation, and later described the customer to his manager as 'skinny with no boobs'. Following an investigation and disciplinary hearing at which he was accompanied by a union representative, the claimant made clear admissions of his inappropriate conduct. He was dismissed for gross misconduct without notice on 20 March 2023 and his appeal was unsuccessful.
Decision
The tribunal dismissed the unfair dismissal claim, finding that the respondent had a genuine belief in the gross misconduct after a reasonable investigation, and that summary dismissal fell within the range of responses of a reasonable employer. The claimant's clear admissions during the disciplinary process meant his later attempts to dispute those admissions at the hearing came too late. The tribunal concluded that the claimant's conduct in crossing professional boundaries with a vulnerable customer destroyed the necessary trust and confidence.
Practical note
Clear admissions made during disciplinary proceedings cannot be credibly retracted two years later at tribunal, and gross misconduct involving inappropriate personal contact with vulnerable customers visited in their homes will ordinarily justify summary dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 2600936/2023
- Decision date
- 16 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- TV Licensing Visiting Officer
- Service
- 6 years
Claimant representation
- Represented
- No