Case 2600936/2023 · Employment Tribunal
Mr J Mastromarino v Capita Business Services Limited — 2025
- Case reference
- 2600936/2023
- Decision date
- 26 June 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Butler
- Venue
- Nottingham
Parties
2 namedClaimant
Mr J Mastromarino
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims of unfair dismissal and discrimination on the grounds of race and disability. The discrimination claims were struck out in December 2023 for failure to provide further and better particulars pursuant to an Unless Order.
The tribunal found that the respondent had a genuine belief in the claimant's misconduct after a reasonable investigation and disciplinary process. The claimant had admitted giving his personal phone number to a young female customer, accepted that this was inappropriate, admitted describing the customer as "skinny with no boobs", and admitted inputting the wrong visit code.
The tribunal concluded that summary dismissal was within the range of responses of a reasonable employer. The unfair dismissal claim was therefore found not well-founded and dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the unfair dismissal claim was not well-founded and dismissed it. | Dismissed | — | — |
| Race discrimination | The judgment states this discrimination claim was struck out in December 2023 for failure to provide further and better particulars pursuant to an Unless Order. | Struck out | Race | — |
| Disability discrimination | The judgment states this discrimination claim was struck out in December 2023 for failure to provide further and better particulars pursuant to an Unless Order. | Struck out | Disability | — |
Legal tests applied
4 references- s.98 Employment Rights Act 1996
- British Home Stores Ltd v Burchell [1980] ICR 303
- range of responses of a reasonable employer
- Sainsburys Supermarkets Ltd v Hitt [2002] EWCA Civ 1588
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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