Silva-Douglas v. London School of Economics and Political Science [2007] UKEAT 0075_07_1804 (18 April 2007)

Silva-Douglas v. London School of Economics and Political Science [2007] UKEAT 0075_07_1804 (18 April 2007)

Once a notice of withdrawal is received by the Employment Tribunal, the proceedings are brought to an end against the relevant respondent and cannot be revived or withdrawn, as there is no provision in the rules for amendment or retraction of a withdrawal.

Citation
[2007] UKEAT 0075_07_1804
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
18 April 2007
Procedural Posture
Employment Tribunal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Withdrawal of Proceedings, Case Management, Unfair Dismissal, Race Discrimination
Employment Law Civil Procedure Withdrawal of Proceedings Case Management Unfair Dismissal Race Discrimination

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a claimant can withdraw a withdrawal of an Employment Tribunal claim
  2. 2 Whether rule 25 of the Employment Tribunals Rules of Procedure 2004 permits amendment or retraction of a withdrawal

Ratio Decidendi

Once a notice of withdrawal is received by the Employment Tribunal, the proceedings are brought to an end against the relevant respondent and cannot be revived or withdrawn, as there is no provision in the rules for amendment or retraction of a withdrawal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.