Claimant v BFS Group Limited
Outcome
Individual claims
This claim was dismissed by consent at a preliminary hearing held in private. The claimant agreed to withdraw the holiday pay claim against both respondents.
The breach of contract claim was partially dismissed by consent, with the exception of the wrongful dismissal element which was expressly preserved and not dismissed at this hearing.
The breach of statutory duty and health and safety claims were dismissed by consent at the preliminary hearing. The parties agreed to discontinue these particular elements of the case.
Facts
Mr Leszczynski brought claims against two respondents: BFS Group Limited and 3663 Transport Limited. The claims included holiday pay, breach of contract (including wrongful dismissal), and breach of statutory duty/health and safety. A preliminary hearing was held in private by video link on 22 May 2025 before Employment Judge Spencer. The claimant was represented by a litigation consultant, and the respondents by a solicitor.
Decision
By consent of the parties, all claims against the first respondent (BFS Group Limited) were dismissed. Additionally, the claims for holiday pay and breach of statutory duty/health and safety were dismissed against both respondents. However, the wrongful dismissal element of the breach of contract claim was expressly preserved and remains live.
Practical note
Consent orders allow parties to narrow the issues in dispute efficiently, but care must be taken to clearly identify which claims or parts of claims are being dismissed and which are being preserved.
Case details
- Case number
- 3306395/2024
- Decision date
- 22 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep