Case 4107120/2023 · Employment Tribunal
C v BBC Studios Productions Limited — 2025
- Case reference
- 4107120/2023
- Decision date
- 15 January 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge P O’Donnell
- Venue
- Chambers
Parties
2 namedClaimant
C
Respondent
Key findings
Tribunal's reasoningThe claimant applied for reconsideration of the judgment dated 19 November 2024, which had dismissed her claim, saying that she intended to pursue different causes of action in the civil courts, including claims under the Protection from Harassment Act 1997, personal injury and breach of contract. The tribunal held that the earlier judgment did not prevent her from bringing such claims in another forum, and that there was no basis for reconsideration merely to achieve that aim.
In refusing reconsideration, the tribunal applied the rule 68 'interests of justice' test and referred to finality in litigation and the authorities in Newcastle Upon Tyne City Council v Marsden, Trimble v Supertravel Ltd and Redding v EMI Leisure Ltd. It concluded that the claimant had advanced no reason why the judgment should be set aside beyond her wish to pursue future claims elsewhere, and said that it remained in the interests of justice for the claim to be dismissed.
The claimant then sought to rescind her withdrawal and revive the proceedings. The tribunal rejected that application under the withdrawal rule, holding that an unequivocal withdrawal ends the proceedings and that there is no power to set it aside, citing Khan v Heywood and Middleton Primary Care Trust. The proceedings were therefore concluded and could not be revived.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal refused the claimant's application for reconsideration of the judgment dated 19 November 2024. The application was based on the claimant's stated wish to pursue different claims in the civil courts, which the tribunal held did not make reconsideration necessary in the interests of justice. | Dismissed | — | — |
| Other | The tribunal also refused the claimant's alternative application to rescind her withdrawal and revive the proceedings. It held that an unequivocal withdrawal brings the proceedings to an end and cannot be set aside. | Dismissed | — | — |
Legal tests applied
7 references- Rule 68
- interests of justice
- Newcastle Upon Tyne City Council v Marsden
- Trimble v Supertravel Ltd
- Redding v EMI Leisure Ltd
- Rule 50
- Khan v Heywood and Middleton Primary Care Trust
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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