Cases8000859/2025

Claimant v Kelburne Construction Ltd

23 October 2025Before Employment Judge A. TinnionScotlandremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissaldismissed on withdrawal

The claimant withdrew the unfair dismissal claim at the preliminary hearing for case management on 17 October 2025. The tribunal dismissed the claim on withdrawal pursuant to Rule 52 of the Employment Tribunals Rules of Procedure.

Facts

Mr Drummond brought an unfair dismissal claim against his former employer, Kelburne Construction Ltd. The claim was listed for a preliminary hearing for case management on 17 October 2025 via video link. At that hearing, the claimant appeared in person while the respondent was represented by a consultant, Mr A Philp. The claimant withdrew his claim at the hearing.

Decision

Employment Judge Tinnion dismissed the unfair dismissal claim on withdrawal at the preliminary hearing for case management. The claimant withdrew the claim voluntarily and the tribunal formally dismissed it pursuant to the tribunal rules of procedure.

Practical note

A claimant may withdraw a claim at any stage of proceedings, including at a preliminary case management hearing, resulting in formal dismissal by the tribunal.

Legal authorities cited

Statutes

ERA 1996 s.94-98

Case details

Case number
8000859/2025
Decision date
23 October 2025
Hearing type
dismissal on withdrawal
Hearing days
1
Classification
procedural

Respondent

Sector
construction
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No