Cases1304378/2024

Claimant v Capita plc

8 September 2025Before Employment Judge HindmarchMidlands West

Outcome

Claimant fails

Individual claims

Direct Discrimination(sex)withdrawn

The claimant withdrew the complaint of direct sex discrimination before the tribunal reached a determination on its merits.

Constructive Dismissalfailed

The tribunal found the complaint of constructive unfair dismissal was not well-founded and dismissed it, meaning the claimant failed to establish that there was a fundamental breach of contract entitling her to resign and claim constructive dismissal.

Direct Discrimination(race)failed

The tribunal found the complaint of direct race discrimination was not well-founded and dismissed it, meaning the claimant failed to prove she was treated less favourably because of her race.

Harassment(race)failed

The tribunal found the complaint of harassment related to race was not well-founded and dismissed it, meaning the claimant failed to prove unwanted conduct related to race that violated her dignity or created a hostile environment.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the complaint of failure to make reasonable adjustments for disability was not well-founded and dismissed it, meaning the claimant failed to establish that the respondent was under a duty to make adjustments or failed to make reasonable adjustments.

Harassment(disability)failed

The tribunal found the complaint of harassment related to disability was not well-founded and dismissed it, meaning the claimant failed to prove unwanted conduct related to disability that violated her dignity or created a hostile environment.

Facts

Miss Moulton brought multiple discrimination claims against her employer Capita plc, including claims of sex discrimination, race discrimination, harassment related to race and disability, failure to make reasonable adjustments for disability, and constructive unfair dismissal. The claimant withdrew her sex discrimination complaint before the hearing concluded. The case proceeded to a four-day preliminary hearing before a full tribunal panel.

Decision

The tribunal dismissed all claims. The sex discrimination claim was dismissed on withdrawal. All other claims - constructive unfair dismissal, direct race discrimination, race harassment, failure to make reasonable adjustments, and disability harassment - were found not well-founded and dismissed, meaning the claimant failed to prove her allegations on the evidence.

Practical note

Multiple discrimination claims against a large employer were comprehensively rejected after a four-day hearing, with the tribunal finding none of the allegations proven.

Case details

Case number
1304378/2024
Decision date
8 September 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
union