Mrs W. Wickett v Sproull Solicitors LLP — 2025

This is a reconsideration judgment given by Employment Judge Smail on 21 May 2025 (written reasons dated 25 September 2025). The claimant, a former receptionist who had brought claims of constructive unfair dismissal and disability discrimination, withdrew her claim on 9 December 2024 in the mistaken belief that an ACAS settlement of £12,000 had been concluded. In fact she had acted before ACAS declared the COT3 binding. A legal officer issued a judgment on 10 December 2024 dismissing the claim upon withdrawal.

On reconsideration, the tribunal applied Rule 51(b) of the 2024 Employment Tribunal procedural rules and Rule 68 (reconsideration in the interests of justice). The judge found the withdrawal was unambiguous but premised on a clear mistake, expressly recorded on the face of the withdrawal email, that the case had settled through ACAS. The judge described the respondent's stance of treating the withdrawal as ending the matter, rather than honouring the settlement they had proposed, as "unconscionable opportunism".

The tribunal revoked the 10 December 2024 dismissal judgment as it was not in the interests of justice to dismiss the claim following withdrawal. The original claim nonetheless remains withdrawn, but the claimant is not precluded from issuing a fresh claim on the same facts; any required extension of time would fall to be considered on a just and equitable basis. No substantive determination of the underlying unfair dismissal or disability discrimination claims was made and no remedy was awarded by the tribunal.