EAT Practice and Procedure : Striking-Out/Dismissal – Withdrawal
The issue is whether the application for dismissal made to the Employment Tribunal following the Appellant’s withdrawal of their earlier claims for race discrimination had to be in writing for the purposes of rule 25 of Schedule 1 to the 2004 Regulations and whether the ET erred in failing to appreciate this. The EAT, following the decision in Drysdale v Dept. Transport (The Maritime and Coastguard Agency) (UKEAT/0171/12, 13 February 2013), found that the ET correctly concluded that there was no jurisdiction to hear the complaints of race discrimination. There is no valid purpose in requiring a written application to the ET office when the parties are present at a hearing and the matter can be addressed there and then. To require a written application, with the possibility that a further hearing may then be necessary, would be inimical to the overriding objective, which includes dealing with cases expeditiously and saving expense. The ET may deal with the question of dismissal on an oral application made at a hearing when a claim has been withdrawn. Accordingly the appeal failed.
Supperstone J
[2014] UKEAT 0365 – 13 – 0402
Bailii
England and Wales
Employment
Updated: 02 December 2021; Ref: scu.523454