News and Events

Reinstating Withdrawn Claims

  • Posted

The Court of Appeal has upheld the EAT's judgment in Khan v Heywood & Middleton Primary Care Trust (see bulletin dated 25/1/06). The case deals with the "lamentable" (para.78) drafting of rule 25 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004.

The case is authority for the proposition that:

  • if a Claimant sends a Notice of Withdrawal to the tribunal, the claim is at an end and the tribunal has no power to reinstate the claim at a later date (despite the wording of rule 25(4));
  • if the Respondent subsequently applies (successfully) for the withdrawn claim to be formally dismissed, then the Claimant cannot bring a fresh claim based upon the same or similar facts. If the Respondent fails to secure the formal dismissal of the withdrawn claim, the Claimant is free to issue a fresh claim (subject to limitation issues) based upon the same or similar facts.

It's a complicated judgment. Read it here...

Khan v Heywood & Middleton Primary Care Trust