Claimant v Serco Limited
Outcome
Individual claims
The claimant withdrew her equal pay claim at a preliminary hearing on 10 August 2023. Under Rules 51 and 52, the tribunal has no power to set aside a notice of withdrawal. The tribunal dismissed the claim upon withdrawal and refused reconsideration as there is no reasonable prospect of resurrecting the claim within the proceedings.
Facts
The claimant withdrew her equal pay claim at a preliminary hearing on 10 August 2023. On 15 December 2023, she applied for reconsideration, stating she had withdrawn the claim in error after taking advice from a barrister. The application was out of time, being made outside the 14-day limit from when the judgment dismissing the claim upon withdrawal was sent to parties on 30 August 2023.
Decision
The tribunal refused the application for reconsideration because there is no reasonable prospect of the judgment being varied or revoked. Under Rules 51 and 52 of the Employment Tribunals Rules of Procedure 2013, once a claim is withdrawn, it is brought to an end and the tribunal must dismiss it. The tribunal has no power to set aside a notice of withdrawal.
Practical note
Employment tribunals have no power to resurrect a claim once it has been withdrawn under Rule 51, even on reconsideration under Rule 70, as withdrawal brings the claim to a definitive end.
Legal authorities cited
Statutes
Case details
- Case number
- 1400098/2023
- Decision date
- 18 January 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Serco Limited
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No