Smith v Greenwich Council & Ors [2010] UKEAT 0113_10_2408 (24 August 2010)

Smith v Greenwich Council & Ors [2010] UKEAT 0113_10_2408 (24 August 2010)

The Tribunal erred in treating the claimant's departure and statements as an unequivocal withdrawal of all claims under rule 25; proper procedure required explicit confirmation of withdrawal, particularly given the claimant's disability and litigant-in-person status. The costs order, being predicated on withdrawal, must also be set aside.

Citation
[2010] UKEAT 0113_10_2408
Parties
Appellant/claimant: Mr Colin Smith; Respondents: Greenwich Council and eight individual Council employees
Jurisdiction
United Kingdom
Judgment Date
24 August 2010
Procedural Posture
Employment Appeal / Appeal Against Withdrawal Judgment and Costs Order
Outcome
Appeal allowed; withdrawal judgment and costs order set aside; case remitted for rehearing before a fresh Tribunal.
Legal Topics
Withdrawal of Claims, Costs Orders, Disability Discrimination, Constructive Unfair Dismissal, Tribunal Procedure, Bias Allegations
Employment Law Discrimination Law Civil Procedure Withdrawal of Claims Costs Orders Disability Discrimination Constructive Unfair Dismissal Tribunal Procedure +1 more

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Parties

Mr Colin Smith

Appellant/claimant

Greenwich Council and eight individual Council employees

Respondents

Procedural Posture

Employment Appeal / Appeal Against Withdrawal Judgment and Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in treating the claimant's abandonment of the hearing as a withdrawal of all claims under ET rule 25
  2. 2 Whether the Employment Tribunal properly applied ET rule 27 regarding non-attendance
  3. 3 Whether the costs order based on withdrawal was valid

Ratio Decidendi

The Tribunal erred in treating the claimant's departure and statements as an unequivocal withdrawal of all claims under rule 25; proper procedure required explicit confirmation of withdrawal, particularly given the claimant's disability and litigant-in-person status. The costs order, being predicated on withdrawal, must also be set aside.

Court Disposition

Appeal allowed; withdrawal judgment and costs order set aside; case remitted for rehearing before a fresh Tribunal.

Orders

  • Withdrawal judgment set aside
  • Costs order set aside