Mr J Grandison v No appearance and No representation Saltire Facilities Management Ltd — 2023

Mr J Grandison presented claims of unfair dismissal, failure to pay a redundancy payment, breach of contract and failure to pay holiday pay on 24 July 2023. The case was listed for a three-day final hearing, but the first day on 14 November 2023 was converted to an open preliminary hearing to consider whether the claim had been withdrawn and, if necessary, whether strike out was appropriate for failure to comply with tribunal orders.

The claimant did not appear. The tribunal noted that notice of hearing had been sent, the clerk had telephoned the claimant without response, and a message had been left. The tribunal also noted that on 27 July 2023 the claimant had emailed the ET1 submission 'do not reply' address stating: 'I would like to withdraw my claim'. Although the email had not immediately reached the administration team, the tribunal treated the wording as unequivocal. The claimant had been represented by the CAB at the time of the email, and that representation ended on 24 August 2023.

Applying Rule 51 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, the tribunal held that a claim withdrawn in writing comes to an end, and that once intimated a withdrawal cannot be retracted. The claimant had been directed to confirm by 13 November 2023 whether there was any reason the tribunal should not treat the email as a withdrawal, but no response was received.

The tribunal therefore concluded that there was nothing before it to suggest the withdrawal should not be actioned. The claims were dismissed under Rule 52. No merits findings were made and no monetary award was ordered.