Mr S Butler v Capita plc — 2025

The Tribunal held that the claim form did not disclose an automatic unfair dismissal complaint based on protected disclosures, and the claimant was not permitted to amend the claim to add one. The complaints of breach of contract (wrongful dismissal), unpaid accrued holiday pay, and other previously withdrawn complaints were dismissed upon withdrawal.

The ordinary unfair dismissal claim was upheld. The Tribunal found that the respondent had established the Burchell elements and that any appeal would inevitably have upheld the decision to dismiss, but it also found real procedural unfairness because the allegations and outcome letter lacked sufficient clarity and the appeal process did not correct that problem.

The Tribunal held that any compensatory award would be reduced to nil under the Polkey principle because the claimant would inevitably have been fairly dismissed had a fair process been followed. The claimant was entitled to a basic award, reduced by 50% because the Tribunal found culpable conduct contributed to the dismissal; the amount was not calculated in the judgment.