Colin Whitworth v Dvsa — 2026

The tribunal heard an application for interim relief under s.128 ERA 1996 after the claimant, Colin Whitworth, was dismissed by DVSA on 30 January 2026. He said he had made a protected disclosure on 1 September 2025 that his line manager, Mr Khan, was recording audio in the office. The judge said at the outset that the application was being determined on a summary basis and that no findings of fact were being made.

The tribunal accepted that there was a disclosure of information and found there was a pretty good chance the claimant could show a belief that the conduct tended to show a breach of a legal obligation. It was not satisfied, however, that he had a pretty good chance of showing that he believed the disclosure was made in the public interest, or that any such belief was reasonably held. The judge considered the alleged recording to be conduct in a private office affecting relatively few people, and said there was little discernible public interest on the material before the tribunal.

The tribunal also considered the final issue, namely whether the protected disclosure was the sole or principal reason for dismissal. It accepted that the dismissal followed allegations that the claimant had behaved in an aggressive and threatening manner towards Mr Khan, and noted that the investigation and disciplinary decision were taken by managers from outside the relevant region and not involved in the disclosure issue. The tribunal concluded that the claimant had not shown a pretty good chance of proving that the principal reason for dismissal was the protected disclosure, and the application for interim relief was refused.