Mr R Mitchell v Poundland Ltd: 2500375/2018
JUDGMENT
The claim of unfair dismissal is dismissed on withdrawal by the claimant . The remaining claim of race discrimination 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Where a claimant informs the Tribunal, either in writing or in the course of a hearing, that a claim, or part of it, is withdrawn, the claim, or part, comes to an end, … Dismissal following withdrawal 52. Where a claim, or part of it, has been withdrawn under rule 51, the Tribunal shall issue a judgment dismissing it (which means that the claimant may not commence a further claim against the respondent raising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.[2]The claimant was content I should issue a dismissal judgment because he recognised he did not have the qualifying period of continuous employment to claim unfair dismissal . 1 ) Case Number 2500375/18 T M Garnon EMPLOYMENT JUDGE JUDGMENT SIGNED BY