Claimant v Water Row Company Limited
Outcome
Individual claims
Claimant withdrew his application for interim relief via email on the day of the hearing, confirmed by telephone and email at 10.20 a.m. The tribunal dismissed the interim relief application without prejudice to the remainder of his claim.
Facts
The claimant made an application for interim relief under Section 128 of the Employment Rights Act 1996. A preliminary hearing was scheduled for 16 October 2025. The claimant did not attend the hearing and contacted the tribunal by telephone to confirm he was withdrawing his interim relief application. This was confirmed by email at 10.20 a.m. on the day of the hearing. The claimant indicated he wished to continue with the remainder of his claim.
Decision
The tribunal dismissed the interim relief application following the claimant's withdrawal. The dismissal was made without prejudice to the remainder of the claimant's claim, which is to proceed to a future hearing.
Practical note
A claimant may withdraw an interim relief application while preserving their substantive claims, and tribunals will dismiss such applications without prejudice to the underlying dispute.
Legal authorities cited
Statutes
Case details
- Case number
- 8002339/2025
- Decision date
- 22 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No