Claimant v Secretary of State for Defence
Outcome
Individual claims
Claim dismissed on withdrawal by the claimant. The claimant did not express a wish to reserve the right to bring a further claim at the time of withdrawal, and the tribunal was satisfied there were no circumstances making dismissal contrary to the interests of justice.
Facts
Mrs E Cliff brought a claim against the Ministry of Defence. She subsequently withdrew her claim without expressing any wish to reserve the right to bring a further claim. The tribunal proceeded to formally dismiss the claim on withdrawal.
Decision
Employment Judge Tynan dismissed the claim on the basis that it was withdrawn by the claimant. The tribunal was satisfied there were no circumstances that would make dismissal contrary to the interests of justice.
Practical note
When withdrawing a claim, a claimant should expressly reserve the right to bring a further claim if they wish to do so, otherwise the tribunal will issue a judgment dismissing the claim with finality.
Case details
- Case number
- 3314148/2020
- Decision date
- 24 April 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- military
- Represented
- No
Claimant representation
- Represented
- No