Claimant v Capita plc

Outcome

Facts

The claimant brought two claims against Capita Plc in September and October 2025, the latter including an application for interim relief. On 7 November 2025, the claimant withdrew both claims via the tribunal portal, stating she did so on her union's instruction. Three days later she sought to retract the withdrawal, stating she had been suffering from migraines (a disability) at the time, had misunderstood her union's advice, and that her withdrawal had been made in error. The hearing proceeded on the preliminary issue of whether the claims had been effectively withdrawn.

Decision

The tribunal held that the claimant's withdrawal on 7 November 2025 was clear, unequivocal and unambiguous, and therefore effective to bring the proceedings to an end. The claimant's subsequent attempt to retract the withdrawal could not revive the claims. However, the tribunal declined to dismiss the claims on withdrawal under Rule 51 because the claimant had expressed a wish to reserve the right to bring a further claim, and there was legitimate reason to do so given her ill health and confusion about her union's position. Not dismissing the claims means the claimant may bring fresh proceedings on the same facts.

Practical note

Legal authorities cited