Cases3200638/2023

Claimant v The Princess Alexandra Hospital NHS Trust

17 January 2025Before Employment Judge B BeyzadeEast London

Outcome

Claimant fails

Individual claims

Otherdismissed on withdrawal

All claims dismissed upon withdrawal by the claimant by consent of both parties after four days of hearing, with a further hearing date scheduled for 16 January 2025 being vacated.

Facts

The claimant, Miss Rachel Theobold, brought employment claims against The Princess Alexandra Hospital NHS Trust. After four days of hearing in January 2025, with both parties represented by counsel, the claimant withdrew all claims by consent. A further hearing scheduled for 16 January 2025 was cancelled. The parties agreed that each would bear their own costs.

Decision

The tribunal dismissed all claims upon withdrawal by consent under Rule 62 of the Employment Tribunal Procedure Rules 2024. Neither party would make an application for costs and each party would bear their own costs. The remaining hearing dates were vacated.

Practical note

This case demonstrates that even after substantial hearing time (four days) with representation on both sides, parties may reach settlement resulting in withdrawal and dismissal by consent.

Case details

Case number
3200638/2023
Decision date
17 January 2025
Hearing type
dismissal on withdrawal
Hearing days
4
Classification
procedural

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister