Claimant v Driver and Vehicle Standards Agency (DVSA) — 2020

The claimant, a Driving Examiner, was dismissed after he terminated a driving test away from the test centre and drove the instructor's car back with the candidate. The tribunal found that the respondent had a potentially fair reason for dismissal, namely conduct, and that the claimant knew the policy prohibited him from driving a candidate's vehicle. It also found that he deliberately left the paperwork vague and did not tell his manager because he did not want to incriminate himself.

The tribunal rejected several criticisms of the investigation, including arguments about the clarity of the policy, the need to interview the candidate or instructor, and alleged inconsistent treatment. It accepted that the respondent had ample evidence to believe the claimant had not acted honestly or transparently and had breached the Civil Service Code.

However, the tribunal found the dismissal unfair because the asserted breakdown of trust was not properly explored. The claimant was not fairly alerted to or given a proper opportunity to address his manager's email about loss of trust, and the appeal did not cure that defect. For remedy, the tribunal assessed a 50% chance that the trust issue would still have led to dismissal if handled fairly, but reduced both compensatory and basic awards to nil because the claimant's conduct was blameworthy, culpable, and led to his dismissal.