Mr S Case v Denovo Design Ltd: 2410073/2019

EMPLOYMENT TRIBUNALS
Case No 2410073/2019
Mr S CaseClaimantDenovo Design LimitedRespondent
Employment Judge BuzzardDate 9 October 2019

JUDGMENT

[1]The proceedings are dismissed following a withdrawal of the claim by the claimant. JUDGMENT[2]The claimant’s application dated 18 November 2019 for reconsideration of the judgment sent to the parties on 9 November 2019 is refused.

REASONS

[1]There is no reasonable prospect of the original decision being varied or revoked.[2]The claimant made and unequivocal written request to withdraw his claim by email dated 19 September 2019. This was in response to a request that the claimant quantify his claim, the respondent having not presented a defence to the claim.[3]The claimant’s withdrawal email is set out in full below as follows: “Following on from your letter dated 14 September 2019 regarding the above case number and requesting further explanation of the monies due, I would like to withdraw this claim. Could you please confirm that all parties will receive confirmation of this in writing.”[4]Such a withdrawal cannot be retracted as the claimant now requests. Accordingly, a reconsideration of the dismissal judgment that followed that withdrawal could not reverse the withdrawal of the claim. As such, a reconsideration of the judgment would not be in the interests of justice.