Ms Sheryl Grout v Go Train Limited (named in the claim form as Go-Train Ltd) — 2022

The claimant presented her claim on 11 August 2022 after ACAS early conciliation. In the reasons, Judge Camp said the underlying complaints were not entirely clear, but included a wrongful dismissal/notice pay claim, a claim for breach of the duty to make reasonable adjustments, and victimisation under the Equality Act 2010. On 14 August 2022 the claimant emailed the Tribunal saying she wished to withdraw the claim after securing a temporary contract, and on 15 August 2022 she sent further emails repeating that she wanted to withdraw it.

A later email on 18 August 2022 referred to a possible willingness to withdraw if the respondent cooperated with a reference and made good August earnings, but it did not say that the earlier withdrawal emails were mistaken. Legal Officer Metcalf issued a judgment on 1 September 2022 dismissing the claim upon withdrawal, and the claimant then sought reconsideration under regulation 10A(2). Judge Camp considered the matter afresh and held that the 14 and 15 August emails amounted to a withdrawal under rule 51, so the claim had come to an end. In light of that withdrawal, dismissal under rule 52 was appropriate, and the later correspondence did not alter that position.

The judge referred to Khan v Heywood & Middleton Primary Care Trust and Campbell v OCS Group UK Ltd & Anor for the proposition that a withdrawn claim cannot be revived. The reconsideration upheld the dismissal, set aside the earlier decision to rescind the rule 52 judgment, and confirmed that the claim remained dismissed.