Cases1400184/2025

Claimant v Driver and Vehicle Standards Agency

30 April 2025Before Employment Judge Smailon papers

Outcome

Other

Individual claims

Automatic Unfair Dismissaldismissed on withdrawal

Dismissed by consent. The claimant and respondent agreed to dismiss the automatic unfair dismissal claim relating to protected disclosure.

Unfair Dismissalnot determined

The claim of general unfair dismissal was accepted and is to be served on the Respondent for determination at a future hearing.

Facts

Mr Foster brought claims against the Driver and Vehicle Standards Agency including automatic unfair dismissal for making a protected disclosure and general unfair dismissal. Following a judgment on 2 May 2025, an application for reconsideration was made on 9 May 2025.

Decision

On reconsideration, the tribunal revoked its earlier judgment of 2 May 2025. By consent of both parties, the automatic unfair dismissal claim relating to whistleblowing was dismissed, while the general unfair dismissal claim was accepted and is to proceed.

Practical note

Parties can agree by consent to dismiss certain claims while allowing others to proceed, and reconsideration applications can result in complete revocation of earlier judgments.

Case details

Case number
1400184/2025
Decision date
30 April 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No