Claimant v NHS Lanarkshire
Outcome
Individual claims
This was an appeal by the respondent employer (Lanarkshire Health Board) which was dismissed under rule 51 after the appellant withdrew the appeal following completion of evidence but before submissions were made.
Facts
This was an appeal brought by Lanarkshire Health Board against a decision involving Ashley Fallis, an HM Inspector of Health and Safety. The hearing was scheduled for 17 and 18 September 2025 but those dates were cancelled. The hearing proceeded on 19 and 22 September 2025 in Glasgow. After the evidence was completed but before submissions were made, the appellant withdrew the appeal.
Decision
The Employment Judge dismissed the appeal under rule 51 of the Employment Tribunal Procedure Rules 2024 following its withdrawal by the appellant. The respondent reserved its position on expenses, with the tribunal noting that the time limit under rule 75(1) continues to apply.
Practical note
An appellant who withdraws an appeal after evidence is heard but before submissions may face a costs application, as demonstrated by the respondent's reservation of position on expenses in this case.
Legal authorities cited
Statutes
Case details
- Case number
- 4106619/2024
- Decision date
- 30 September 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 2
- Classification
- procedural
Respondent
- Name
- NHS Lanarkshire
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HM Inspector of Health and Safety
Claimant representation
- Represented
- Yes
- Rep type
- barrister