Claimant v Sproull Solicitors LLP
Outcome
Individual claims
The claim was withdrawn in error before ACAS confirmed a settlement as binding. The tribunal set aside the dismissal judgment to allow the claimant to re-file the same claim if she wishes.
The claimant suffers from anxiety and depression, now accepted as a disability by the respondent. The claim was withdrawn in error and the tribunal revoked the dismissal to allow the claimant to re-file.
Facts
The claimant was employed as a Receptionist from January 2018 to May 2023 when she resigned claiming constructive dismissal. She brought claims of unfair dismissal and disability discrimination (anxiety and depression, later conceded by the respondent). Settlement negotiations took place through ACAS in early December 2024, and £12,000 was agreed. The claimant mistakenly withdrew her claim on 9 December 2024 before ACAS had formally confirmed the settlement as binding. The respondent then refused to honour the settlement.
Decision
The tribunal found it was not in the interests of justice to dismiss the claim following the withdrawal, as the withdrawal was based on a clear mistake expressed on its face. The claimant believed she was complying with the agreed settlement terms. The tribunal revoked the dismissal judgment dated 10 December 2024 and confirmed the claimant is not precluded from issuing a fresh claim on the same facts.
Practical note
A withdrawal made on a clear mistaken belief that a settlement has been reached can be set aside on reconsideration, and the claimant permitted to re-file, where the respondent seeks to capitalise on a procedural error rather than honour the substantive agreement.
Legal authorities cited
Statutes
Case details
- Case number
- 6001673/2023
- Decision date
- 25 September 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Receptionist
- Service
- 5 years
Claimant representation
- Represented
- No