Case 4114967/2019 · Employment Tribunal
ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH Judgment of the Employment Tribunal in Case No: 4114967-2019 Issued Following Preliminary Hearing Held at Edinburgh on th June 2020 by Telephone Conference at am Employment Judge J G d’Inverno Mr E Frost
The case came before Employment Judge Joseph d'Inverno at a closed preliminary hearing by telephone on 18 June 2020. The claimant had emailed the Tribunal and copied the respondent's representative on 17 June 2020 stating that he wished to withdraw his claim, citing difficulties caused by Covid-19 lockdown restrictions in accessing assistance he was used to having for matters such as Tribunal litigation.
At the hearing the judge explained to the claimant the finality of an unqualified withdrawal. The judge also explained that, subject to any submission from the respondent, sisting the case until sufficient relaxation of lockdown restrictions could be considered as a potential reasonable adjustment in light of the claimant's asserted disability.
The claimant confirmed that he understood the significance of what the judge had explained and unequivocally confirmed that he wished to withdraw his claim. The Tribunal allowed the withdrawal and, on the respondent's application with no objection from the claimant, dismissed the claim under Rule 52.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment records withdrawal of the claim in its entirety and dismissal under Rule 52. It does not set out the unfair dismissal allegations or determine merits. | Withdrawn | — | — |
| Disability discrimination | The judgment records withdrawal of the claim in its entirety and dismissal under Rule 52. Disability discrimination appears from the listing category; the judgment itself refers to the claimant's dyslexia, Asperger's Syndrome and asserted disability only in the context of possible case-management adjustment, and does not determine merits. | Withdrawn | Disability | — |
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