Case 4121266/2018 · Employment Tribunal
D Hoey (sitting alone) Miss K J Murray v Represented by Mr J Paterson HM Revenue And Customs — 2019
- Case reference
- 4121266/2018
- Decision date
- 28 February 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mr
- Venue
- Edinburgh
Parties
2 namedClaimant
D Hoey (sitting alone) Miss K J Murray
Key findings
Tribunal's reasoningThis was a single-issue unfair dismissal case listed for a three-day hearing in Edinburgh. Midway through day 2, the claimant's agent told the tribunal that the claimant wished to withdraw the claim. The employment judge explained the consequences of withdrawal and gave the claimant time to consider her position before deciding to proceed with the withdrawal.
After reflection and discussion, the claimant confirmed that she wished to withdraw the unfair dismissal claim and understood that it would be dismissed and could not be brought again. The tribunal referred to Rule 51 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which provides for withdrawal of a claim during a hearing, and Rule 52, which allows the tribunal to issue a dismissal judgment unless the claimant asks that the claim not be dismissed or it would not be in the interests of justice to do so. No reason was advanced why it would not be in the interests of justice to dismiss the claim.
The tribunal accordingly dismissed the unfair dismissal claim. No substantive findings were made on the merits of the dismissal claim, and no monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant withdrew the unfair dismissal claim midway through the hearing. The tribunal explained the consequences, gave time for reflection, and then issued a Rule 52 judgment dismissing the claim so it could not be pursued again. | Dismissed | — | — |
Legal tests applied
2 references- Rule 51 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- Rule 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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