Mr D McIntosh v Nuclear Decommissioning Authority — 2022

The claim concerned age discrimination in relation to certain provisions of the Civil Service Compensation Scheme. The tribunal noted that the main substantive issue in the wider litigation was whether the less favourable treatment because of age could be justified as a proportionate means of achieving a legitimate aim. It also noted that a reserved judgment in sample cases chaired by Employment Judge Doyle had previously found that the justification defence succeeded.

After the claimant's representatives withdrew the claim and a Legal Officer dismissed it, the claimant sought to have that dismissal revoked. The reason given was that another group of claimants, represented by Slater and Gordon, had applied for a further preliminary hearing on justification and intended to rely on evidence beyond that heard in the sample cases. Judge Franey reconsidered the matter afresh under regulation 10A, without needing the claimant to rely on rule 70.

The judge held that it was not in the interests of justice for the claim to be dismissed. The tribunal found that the claimant would not have withdrawn had he or his representatives known of the other application, and that dismissal would be unfair because it would prevent any further attempt to pursue the issue, including by presenting a fresh claim and seeking an extension of time. The Legal Officer's dismissal was therefore superseded, and no merits or remedy determination was made in this judgment.