Mr M G Mawby v Charnwood Borough Council — 2019

Mr Mawby presented a claim on 12 July 2019. On 24 July 2019 he emailed the Tribunal saying that he wished to withdraw his claim. On 28 July 2019 he sent a further email saying that his offer to withdraw was conditional on the Respondent waiving any claim for costs. The Tribunal noted that none of those emails had been copied to the Respondent. At the preliminary hearing on 21 October 2019, Mr Mawby said he had been acting on advice from solicitors appointed by his trade union Unison and that he was confused as to the legal position.

Employment Judge Blackwell applied rules 51 and 52 of the Employment Tribunal Rules of Procedure 2013. The judgment records that, once a claimant informs the Tribunal in writing that a claim is withdrawn, the claim comes to an end subject to any application by the respondent for costs, preparation time or wasted costs. The Judge concluded that, on the facts of this case, the Tribunal was required to issue a judgment under rule 52. The unfair dismissal claim was therefore dismissed on withdrawal by the claimant. No merits determination and no monetary award were made.