Claimant v Community Integrated Care
Outcome
Individual claims
The claimant withdrew her claim on 21 October 2024. The tribunal dismissed the case initially and upon application for reinstatement, the tribunal determined it was not in the interests of justice to reinstate the claim notwithstanding matters which came to light since the withdrawal.
Facts
Mrs Armstrong brought an unfair dismissal claim against her employer Community Integrated Care. The claim was initially dismissed by a legal officer on 23 October 2024 following the claimant's withdrawal of the claim on 21 October 2024. The claimant applied to reinstate the case on 4 November 2024.
Decision
Employment Judge Wade confirmed the dismissal of the claim at a public preliminary hearing. The tribunal determined that the claimant had withdrawn her claim on 21 October 2024 and that proceedings ended at that point. Despite matters that came to light after the withdrawal, the tribunal found it was not in the interests of justice to reinstate the claim.
Practical note
A tribunal will not automatically reinstate a withdrawn claim even if new information emerges post-withdrawal unless it is in the interests of justice to do so.
Case details
- Case number
- 6003245/2024
- Decision date
- 5 February 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep