Claimant v BBC Studios Productions Limited
Outcome
Individual claims
The claimant withdrew her claim. The tribunal dismissed the claim on 19 November 2024 under Rule 52 (now Rule 51). The claimant's application for reconsideration was refused as the previous judgment does not prevent her from pursuing different causes of action in a different forum.
Facts
The claimant withdrew her employment tribunal claim against BBC Studios Productions Limited. The tribunal dismissed the claim on 19 November 2024. The claimant then sought reconsideration, stating she intended to pursue claims under the Protection from Harassment Act 1997 and for personal injury and breach of contract in the civil courts. The claimant also sought to rescind her withdrawal and revive the tribunal proceedings.
Decision
The tribunal refused the reconsideration application, holding that the November 2024 judgment does not prevent the claimant from pursuing different causes of action in a different forum, making the reconsideration application unnecessary. The tribunal confirmed that there is no power to set aside an unequivocal withdrawal under Rule 50, and the proceedings remain concluded.
Practical note
A claimant cannot rescind an unequivocal withdrawal of an employment tribunal claim, and reconsideration will not be granted where a dismissed claim does not prevent the claimant from pursuing different claims in another forum.
Legal authorities cited
Case details
- Case number
- 4107120/2023
- Decision date
- 15 January 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- media
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No