Cases1300024/2025

Claimant v Smithers MSE Limited

Outcome

Claimant fails

Individual claims

Otherdismissed on withdrawal

All claims within case 1300024/2025 were withdrawn by the claimant and dismissed by the tribunal.

Whistleblowingdismissed on withdrawal

The protected disclosure detriment claim under section 47B ERA 1996 within case 1300032/2025 was withdrawn by the claimant and dismissed by the tribunal.

Facts

Mr Rao brought two separate claims against Smithers MSE Limited. The judgment records the withdrawal of the entirety of the first claim (1300024/2025) and the withdrawal of the whistleblowing detriment claim within the second claim (1300032/2025). Other complaints within the second claim remain live and are unaffected by this judgment.

Decision

Employment Judge Faulkner dismissed claim 1300024/2025 in its entirety upon withdrawal. The judge also dismissed any protected disclosure detriment complaint under section 47B ERA 1996 within claim 1300032/2025 upon withdrawal. The remaining complaints in the second claim continue.

Practical note

Claimants can withdraw specific claims or entire cases at any stage, resulting in dismissal of those withdrawn elements while other claims may proceed.

Legal authorities cited

Statutes

ERA 1996 s.47B

Case details

Case number
1300024/2025
Decision date
17 July 2025
Hearing type
dismissal on withdrawal
Hearing days
Classification
procedural

Respondent

Sector
Represented
No

Claimant representation

Represented
No