Harjit Singh v Ramgarhia Gurdwara Small Heath and 15 others — 2025

The claim form dated 4 May 2023 brought complaints of unlawful deductions from wages, failure to pay national minimum wage, holiday pay and notice pay arising from the claimant's work as a Sikh priest at the respondent's Gurdwara. The original July 2024 dismissal followed a letter from the claimant's lay representative stating that the claimant had withdrawn the claim. The claimant later said that withdrawal had not been authorised by him and sought reconsideration.

At the reconsideration hearing on 9 May 2025, Employment Judge Wedderspoon accepted that the withdrawal letter of 5 July 2024 was clear, unequivocal and unambiguous, so the tribunal had no duty at that stage to investigate further whether a valid withdrawal had been made. The tribunal nevertheless applied the rule 51 interests of justice test, including the authorities cited by the parties, and found on the balance of probabilities that the claimant intended to continue his claim, had not authorised his lay representative to withdraw it, and had not had the opportunity for his case to be heard on the merits.

The tribunal took into account the claimant's attendance at tribunal on 8 July 2024, his complaint to the clerk that he had not given authority for the withdrawal, and the later witness evidence and supporting documents showing a payment of £176 to the representative, a hotel booking of £258.50 and a coach ticket of £23.10. It also noted that the respondent had no positive case on the claimant's allegations against the lay representative. The dismissal judgment of 9 July 2024, and the refusal to reconsider on 30 July 2024, were set aside, but the final order was that the claimant's claim remained withdrawn and there was no merits determination or monetary award.