EAT PRACTICE AND PROCEDURE
Application/claim
Withdrawal
There was an argument before the Employment Tribunal on the question whether any claim under section 18(4) of the Equality Act 2010 had been withdrawn by the terms of a response put in by the Claimant in answer to an order of the Employment Tribunal. On analysis, two questions had to be considered. (1) Was a claim under section 18(4) ever made? (2) If so, was it withdrawn?
Held: (1) No claim under section 18(4) had been made; and the response which the Respondent said amounted to a withdrawal in effect confirmed this. (2) If a claim had been made the response did not purport to be and would not have amounted to a withdrawal for the purposes of rule 25.
David Richardson J
[2013] UKEAT 0527 – 12 – 2506
Bailii
Equality Act 2010 18(4)
England and Wales
Employment
Updated: 14 November 2021; Ref: scu.511070
