Ms E Donkor-Baah v University Hospitals Birmingham NHS Foundation Trust and others — 2020

This decision concerns the claimant's application dated 15 November 2020 for reconsideration of the paragraph 1 judgment sent on 2 November 2020, which had recorded that her Regulation 12 Agency Workers Regulations 2010 claim was dismissed on withdrawal. Employment Judge Cookson refused reconsideration, finding there was no reasonable prospect of the original decision being varied or revoked.

The judge found that the withdrawal was clear, unambiguous and unequivocal. After hearing representations, the tribunal had concluded that the Regulation 12 claim had little reasonable prospect of success and had indicated that it would be subject to a deposit order. The claimant said she wished to withdraw because she feared the maximum deposit order, and the judge reassured her that no deposit order would be made without considering means. The judge nevertheless gave her further time to think about it and encouraged her not to withdraw, but she remained adamant that she wanted to withdraw the claim.

The judge was satisfied that the claimant understood both that she was withdrawing the claim and what that meant. The judgment records that she gave no indication that she did not understand the implications, and that she had shown she was able to research Employment Tribunal rules and present legal arguments. In those circumstances, and applying the guidance in Drysdale v Department of Transport (Maritime and Coastguard Agency), the tribunal concluded that accepting the withdrawal and dismissing the claim was correct.