Mr K Chiweda v NHS England — 2022

The tribunal considered the claimant's application for reconsideration of a judgment dated 29 March 2022, which had dismissed the claim following apparent withdrawal. The earlier judgment followed an email in which the claimant said he had decided not to pursue the claim, subsequent tribunal correspondence asking him to confirm his intentions, and an application by the respondent for strike out or an unless order.

After the dismissal judgment was sent to the parties, the claimant wrote to the tribunal stating that he had not intended to withdraw his claim, referred to delays in obtaining GP medical records, and later provided evidence of hospitalisation between 16 April and 6 June 2022 due to a severe depressive episode with psychotic symptoms. The respondent did not reply when invited to explain any opposition to reconsideration.

Employment Judge Andrews concluded that, in all the circumstances, particularly the claimant's period of illness and underlying medical condition, it was in the interests of justice to reconsider and revoke the judgment. The judge was not satisfied that the claimant fully intended to withdraw his claim, and directed that the matter be listed for a case management discussion.