Held in Glasgow on May 2018 (Preliminary Hearing) D Mr C o n o r Morgan v Respondent — 2018

This was a preliminary hearing on time bar listed for 25 May 2018. The claimant did not attend and was not represented, but the tribunal had before it emails from his representative, Thomas Smith, saying that the applicant wished to withdraw the complete claim. The tribunal also heard oral submissions from the respondents' solicitor, Ms Eleanor Mannion, and proceeded in the claimant's absence under Rule 47 of the Employment Tribunal Rules of Procedure 2013.

The tribunal recorded the claimant's withdrawal under Rule 51 and then granted the respondents' oral application for a dismissal judgment under Rule 52. It held that there was no good cause not to dismiss the claim, because the claimant had not reserved any right to bring a further claim and the tribunal was not persuaded that a dismissal would be contrary to the interests of justice.

The dismissal order covered the claimant's complaints of wrongful dismissal and breach of contract arising from the termination of his employment as a support assistant on 24 August 2017. The tribunal noted that the effect of the Rule 52 dismissal was that the claimant may not commence a further claim against the respondents raising the same or substantially the same complaints. No award of expenses was made, because the respondents indicated that they did not intend to seek costs.