Claimant v University of East Anglia
Outcome
Individual claims
Claimant withdrew his claim on 3 February 2025 after careful consideration. He attempted to retract the withdrawal hours later, citing possibility of settlement. Tribunal found the withdrawal was clear, unequivocal and unambiguous and could not be retracted. Claim dismissed upon withdrawal under Rule 51.
Facts
Claimant brought unfair dismissal claim in October 2024. On 3 February 2025 he withdrew the claim via the online system stating he had decided after careful consideration not to proceed. Three and a half hours later he attempted to retract the withdrawal, stating the respondent's legal representative had indicated they would put forward any settlement offer. Respondent sought dismissal judgment. Claimant argued withdrawal should be allowed to be retracted as it was not fully considered, he was under family pressure, and his claim involved important issues about philosophical belief in confidentiality.
Decision
Tribunal found the withdrawal was clear, unequivocal and unambiguous. Following binding case law, the tribunal has no power to accept retraction of such a withdrawal - once withdrawn, proceedings are at an end and cannot be revived. The tribunal further found no good reason to decline to issue a dismissal judgment under Rule 51, noting inconsistencies in claimant's explanations and possibility he was maintaining speculative claim hoping for settlement. Claim dismissed.
Practical note
A clear and unequivocal withdrawal of a tribunal claim cannot be retracted, even within hours, and once withdrawn the claim cannot be revived - the tribunal has no discretion to permit this regardless of the claimant's reasons or circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 6014737/2024
- Decision date
- 7 April 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No