Practice and Procedure : Withdrawal – Where a claimant withdraws a claim, it comes to an end and cannot be revived (Rule 51 of the 2013 Rules). A tribunal must issue a dismissal Judgment following withdrawal unless either of the exceptions in Rule 52 apply. Tribunals are not under a mandatory obligation to invite representations from the parties before dismissing a withdrawn claim but depending on the facts and circumstances of the particular case, may in exercise of their power to manage proceedings fairly, and in accordance with the overriding objective, do so. Whether or not to do so is a matter of judgment falling squarely within the margin of a tribunal’s discretion.
Judges:
Simler DBE P J
Citations:
[2017] UKEAT 0188 – 16 – 1104
Links:
Jurisdiction:
England and Wales
Employment
Updated: 26 March 2022; Ref: scu.584000