Mr D Gray v Capita plc — 2025

The claimant, a Disability Analyst employed by Capita PLC from 1 March 2021, resigned on 5 September 2024 following his suspension and an investigation into whether he had falsified a record of a call to the Autism Inclusion Team in relation to a PIP assessment. The tribunal found that the respondent was entitled to investigate the complaint, acted in accordance with its own disciplinary policy and ACAS guidance, and that the matters complained of, individually or cumulatively, did not amount to a breach of the implied term of trust and confidence. The judge concluded that the claimant resigned because he intended to take up another position rather than because of any breakdown in the employment relationship, and that he had decided to resign no later than 12 August 2024.

On the wages claim, the respondent accepted it had underpaid the claimant for 2.1 days in September and 3 days in October, amounting to £399.40, which had been repaid in January 2025. The tribunal upheld the unlawful deduction claim only to that extent. Claims relating to pension contribution deductions, compensation for untaken annual leave, and reimbursement for leave taken during suspension were not upheld; the claimant had taken 178 hours against 150 hours accrued, and his contract did not confer an entitlement to recoup wages for holidays taken during suspension.

Accordingly, the constructive unfair dismissal claim was dismissed, the unlawful deduction from wages claim was upheld in the sum of £399.40 (already paid), and the remaining wage-related complaints were dismissed.