Ms M Wright v Richard Hardie Ltd: 2500073/2018
JUDGMENT
The claims of breach of contract and discrimination based on gender reassignment are is dismissed on withdrawal by the claimant . The remaining claims will proceed to trialREASONS
[1]The Employment Tribunal Rules of Procedure 2013 ( the Rules) include End of claim 51. Where a claimant informs the Tribunal, either in writing or in the course of a hearing, that a claim, or part of it, is withdrawn, the claim, or part, comes to an end, subject to any application that the respondent may make for a costs, preparation time or wasted costs order. Dismissal following withdrawal 52. Where a claim, or part of it, has been withdrawn under rule 51, the Tribunal shall issue a judgment dismissing it (which means that the claimant may not commence a further claim against the respondent raising the same, or substantially the same, complaint) unless—(a) the claimant has expressed at the time of withdrawal a wish to reserve the right to bring such a further claim and the Tribunal is satisfied that there would be legitimate reason for doing so; or(b) the Tribunal believes that to issue such a judgment would not be in the interests of justice. 1 ) Case Number 2500073/18[2]The word “shall” which I have emboldened is mandatory. Unless one of the exceptions applies I must issue a dismissal judgment and the claimant was content I should . T M Garnon EMPLOYMENT JUDGE