Outcome
Individual claims
The claimant withdrew his claim with legal effect on two occasions and did not indicate he had not intended to withdraw. The tribunal found the withdrawal was legally effective and provided certainty. The claimant's subsequent change of mind upon receipt of new documents did not invalidate the prior withdrawal.
Facts
The claimant withdrew his claim against Primark on two occasions. He later sought to resume the claim after receiving documents in a separate claim against Total Security (case 6000201/2025), arguing he had changed his mind. The claimant, who was unrepresented and had depression and OCD, applied for reconsideration of the tribunal's judgment that his withdrawal was legally effective.
Decision
The tribunal refused the reconsideration application. Employment Judge Reid found no reasonable prospect of varying or revoking the original decision. The withdrawal was legally effective and the claimant's subsequent change of mind did not invalidate it. The Tribunal Rules 2024 do not provide a cooling-off period for withdrawals.
Practical note
A claimant's withdrawal of a claim is legally binding once made, and a subsequent change of mind, even upon receipt of new evidence, does not allow the claim to be reinstated.
Legal authorities cited
Case details
- Case number
- 6021748/2024
- Decision date
- 6 May 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
Claimant representation
- Represented
- No