Is the Tribunal obliged to raise questions when a claim is withdrawn?
28th August, 2014
The Court of Appeal has recently considered whether an Employment Tribunal erred by not raising questions about the circumstances in which a claimant withdrew their claim.
In the case of Drysdale v Department of Transport UKEAT/0171/12, the claimant had made a claim of constructive dismissal and was represented by his wife, a lay representative. Mr Drysdale’s wife verbally withdrew his claim during re-examination at the final hearing and the Tribunal did not seek the claimant’s express agreement to the withdrawal.
On application for the claim to be dismissed, the Department of Transport also sought costs against Mr Drysdale. The Court of Appeal’s consideration was whether the Tribunal had erred by failing to address whether the non-legally represented claimant had properly considered the withdrawal of his claim.
Finding no error in the Tribunal’s approach the Court of Appeal held that the Tribunal was under no obligation to look at the wider circumstances of a claim being withdrawn. There were no exceptional circumstances in this case which would deem further enquiries necessary or appropriate.
This case highlights the importance of legal representation throughout proceedings and particularly at substantive hearings. Employment Tribunals have strict rules of procedure, which all parties and their representatives must follow. Aaron & Partners’ expert employment team is experienced in Tribunal representation and advocacy, and can advice on the intricacies of bringing and dealing with a claim in the Employment Tribunal.
For further information and advice in relation to Employment Tribunals, please contact Claire Brook on 01244 405575 or send an email to [email protected].
You might also be interested in...
15th May, 2018
Experienced HR leader joins Aaron & Partners LLP Law firm with offices in Chester and Shrewsbury appoints Kate Robertson to drive HR strategy for more than 120 staff and to support the company’s growth Chester law firm Aaron & Partners LLP has strengthened its senior leadership team with the appointment of an experienced human resources manager. Kate Robertson... Read More »
24th April, 2018
Jan Chillery, Insolvency Partner at Aaron & Partners LLP, shares her experience and the reasons why we should be cautious before paying so-called “bailiffs” over the phone or online without vetting them first. My neighbour has told me that recently he had a CCJ (County Court Judgment) against him. A day or so later, he received a phone call... Read More »
11th April, 2018
Jan Chillery, Insolvency Partner comments on the recent case of Mr A M Coletta v Bath Hill Court – Bournemouth Property Management Ltd UKEAT 0200 17 RN To read the Transcript of Proceedings in full please click here “This case highlights an important aspect of the Statute of Limitations which affects a wider field than employment claims. An... Read More »