Mr N Cooper v Colgate-Palmolive (UK) Limited — 2024

This judgment concerns an application for reconsideration of the withdrawal judgment sent on 19 August 2024. Employment Judge George applied rule 72(1) and refused the application, holding that there was no reasonable prospect of the judgment being varied or revoked in the interests of justice. The judge noted the importance of finality in litigation and cited Ebury Partners UK Limited v Acton Davies [2023] IRLR 486 EAT for the proposition that reconsideration should be exercised with caution.

The tribunal traced the events leading to the withdrawal. The claimant had sought a postponement of the final hearing, first relying on an eye appointment and later on an unspecified commitment on 22 and 23 August 2024. The respondent objected, pointing out that the eye appointment did not conflict with the listed hearing dates and that the later commitment was unsupported by evidence. Regional Employment Judge Foxwell rejected the postponement application on 29 July 2024. On 14 August 2024 the claimant emailed saying he felt he had no option but to withdraw; after the tribunal asked for clarification, he stated that he was asking for the claim to be withdrawn.

Judge George held that the withdrawal was unambiguous and that the claimant had not reserved the right to bring a further claim. Applying rules 51 and 52, the judge said the claim came to an end on withdrawal and that a judgment dismissing it had to be issued unless an exception applied. The judge also referred to Campbell v OCS Group Ltd UKEAT/0188/16 in noting that submissions from the claimant were not required before the dismissal judgment was issued.

The reconsideration application argued that the claimant had been unwell when he dealt with the August dates and that he should not have been treated as having withdrawn the claim. The tribunal rejected that submission, saying that the January hearing dates had been confirmed in writing on 16 January 2024 and that there was nothing to suggest the withdrawal was made in the heat of the moment or irrationally. The application for reconsideration was therefore refused, and no remedy was awarded.