Mr D Ajao v Bank of America Merrill Lynch International DAC — 2019

Mr D Ajao's claim number 2301486/2019 was listed for a preliminary hearing on 24 September 2019, but neither party attended. The tribunal recorded that the claimant had emailed on 3 July 2019 stating: “Please accept this as a notice to withdraw Claim 2301486/2019 and any other claims that may be outstanding between the Claimant and the Respondent.” The judgment notes that the notice of hearing had been sent to the claimant on 2 July 2019 and that he replied to that email.

The reasons explain that the claimant had also withdrawn claim number 2300646/2019 on 24 June 2019, and a judgment dismissing that case upon withdrawal had already been sent on 29 June 2019. The tribunal noted that the claimant later wrote on 1 August 2019 asking for both cases to be reinstated because of the respondent's “conduct”, and said he had not attended the earlier hearing because of “deception” by the respondent. The judge recorded that, in fact, that earlier case had already been withdrawn before the hearing date.

The tribunal held that once a claimant withdraws a case it comes to an end and the tribunal has no power to set aside the withdrawal or revive the claim under rule 51 of the Employment Tribunals Rules of Procedure. It also applied rule 52, under which a withdrawn claim is dismissed unless the claimant reserves the right to bring a further claim and the tribunal is satisfied there is a legitimate reason, or dismissal would not be in the interests of justice. The judge found that the claimant had not reserved any such right and had said in his withdrawal that he did not object to dismissal.

The tribunal further noted that the respondent's response to claim 2300646/2019 stated the claimant had signed a COT3 settling all claims arising out of his employment. In those circumstances, the tribunal dismissed claim 2301486/2019 upon the claimant's withdrawal and found no basis to do otherwise.