Claimant v Capita plc
Outcome
Individual claims
The tribunal found no breach of the implied term of trust and confidence. The respondent was entitled to suspend the claimant given the serious allegation of falsifying a document. The claimant was given sufficient information about the investigation from the outset. He had a point of contact in Mr Anderson and the respondent followed its own policies and ACAS guidance. The tribunal concluded the claimant resigned to take up new employment (which started 30 September 2024), not because of any breach by the respondent.
The respondent admitted it underpaid the claimant £399.40 for September and October 2024 (when he should have received full pay during suspension but was paid only 50% for some days due to sick leave). This amount was repaid in January 2025. All other deductions claims failed: pension contributions were lawful and contractual; the claimant had already used more annual leave hours (178) than his pro-rated entitlement (150 hours) so was not owed holiday pay; the refund for the holiday purchase scheme was correctly made; and there was no contractual entitlement to recoup pay for holidays taken during suspension.
Facts
The claimant was a Disability Analyst conducting PIP assessments for the DWP. A PIP applicant complained that the claimant had falsely recorded a call to the Autism Inclusion Team. The respondent investigated; call logs from the claimant's known phone showed no such call. The claimant was suspended on 26 July 2024 and an investigation commenced. The claimant raised a grievance on 11 August 2024, had a job interview on 12 August, and resigned on 5 September 2024 giving four weeks' notice, during which he was on sick leave. He started new employment on 30 September 2024.
Decision
The tribunal dismissed the constructive dismissal claim, finding no breach of trust and confidence. The respondent acted reasonably in suspending and investigating the claimant, provided sufficient information, and followed its own policies. The claimant resigned to take up new employment, not in response to any breach. The tribunal upheld a minor unlawful deduction claim of £399.40 (already repaid) but rejected all other wages claims relating to pensions, holiday pay, and leave during suspension.
Practical note
An employer is entitled to suspend an employee pending investigation of a serious allegation (here, potential falsification of records) and the manner in which a suspension is communicated, even if imperfect, will not breach trust and confidence if the overall process is fair and reasonable.
Award breakdown
Award equivalent: 0.5 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6015977/2024
- Decision date
- 6 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Capita plc
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Disability Analyst (Functional Specialist)
- Salary band
- £40,000–£50,000
- Service
- 4 years
Claimant representation
- Represented
- No