Claimant v High Speed Two (HS2) Limited
Outcome
Individual claims
The claimant withdrew this claim by email on 28 May 2025. The tribunal dismissed the claim upon withdrawal and refused the claimant's application to reinstate it, finding it would be an abuse of process to allow a fresh claim.
The equal pay claim was not withdrawn and remains live. The preliminary hearing dealt only with the withdrawn claims, leaving the equal pay complaint to be determined.
Facts
The claimant brought multiple claims against HS2 Ltd including unfair dismissal and equal pay. She sent emails on 24 April 2025 and 28 May 2025. The respondent argued that the claimant had withdrawn all claims except equal pay by the May email. The claimant, appearing in person assisted by her father, sought to reinstate the withdrawn claims.
Decision
The tribunal found that the claimant had validly withdrawn all claims except equal pay by her email of 28 May 2025. The tribunal refused to reinstate the withdrawn claims and dismissed them, finding that allowing the claimant to present fresh claims would be an abuse of process. Only the equal pay claim remains live.
Practical note
Tribunals have no power to reinstate claims once validly withdrawn under rule 51, and will dismiss withdrawn claims where allowing fresh proceedings would constitute an abuse of process.
Legal authorities cited
Statutes
Case details
- Case number
- 6018639/2024
- Decision date
- 25 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No