Mr J Rozario v J. P. Morgan Europe Limited — 2025

Mr J Rozario presented an unfair dismissal claim on 30 March 2025 arising from his dismissal on 8 October 2024. A separate, identical claim had previously been combined with this case and then withdrawn. A preliminary hearing was listed to consider whether the tribunal had jurisdiction because the remaining claim appeared to have been lodged out of time.

On 8 July 2025 the claimant emailed the tribunal saying that he wished to withdraw the claim, but within an hour he sent a further email explaining that the withdrawal had been a mistake and that he wanted the case to remain live while early conciliation was completed. The tribunal nevertheless issued a judgment dismissing the claim under rule 51. The claimant then asked for the decision to be retracted, saying that he had misunderstood the position because he had thought the case had to be withdrawn for ACAS mediation to proceed.

On reconsideration, the tribunal applied rule 51 and rule 68 and noted the respondent's objection. It accepted that the claimant had withdrawn in unequivocal terms, but took account of the fact that he was unrepresented, that he corrected the mistake within about an hour, and that he had produced ACAS correspondence supporting his account. Balancing prejudice, finality of litigation, and the interests of justice, the tribunal granted reconsideration on the basis discussed in Outasight VB Ltd v Brown.

The judgment dated 8 July 2025 dismissing the claim was revoked. The case was to be relisted for a preliminary hearing on the question of time bar, and no monetary remedy was assessed in this decision.