Ms M McAvoy v Glasgow City Council: 4104731/2017
JUDGMENT
The Judgment of the Employment Tribunal is that the claim, having been withdrawn by the claimant, is dismissed in terms of Rule 52 of the Employment Tribunals (Rules of Constitution & Procedure) Regulations 2013.REASONS
[1]This case called for a Case Management Preliminary Hearing on 19 February 2019. Mr Flanagan appeared for the claimant. Ms Robertson appeared for the respondents.[2]Before any discussion took place in the Case Management Preliminary Hearing, Mr Flanagan intimated that he had instructions from the claimant to withdraw her claim.[3]It was clarified with Mr Flanagan that the claimant was clear in her instruction and that it was the entire claim which was to be withdrawn. It was also clarified with Mr Flanagan that in terms of the Rules, withdrawal would in normal E.T. Z4 (WR) circumstances be followed by dismissal. Mr Flanagan confirmed that the claimant did indeed intend to withdraw her entire claim. He also confirmed that he was aware that dismissal would follow from withdrawal.[4]The respondents noted the position.[5]The decision therefore is that the claim is dismissed in terms of Rule 52, following its withdrawal by the claimant.