Miss K J Murray v HM Revenue and Customs: 4121266/2018
JUDGMENT
The claim for unfair dismissal is dismissed following its withdrawal.REASONS
[1]This was a claim for unfair dismissal that was fixed for a 3 day hearing.[2]Mid way through day 2 of the 3 day Hearing the claimant's agent advised the Tribunal that the claimant had considered matters and wished to withdraw her claim.[3]I explained to the Claimant the consequences of so doing and she was given time to consider her position and decide upon her next step. ETZ4(WR)[4]Following considered reflection and discussion, the claimant decided she wished to withdraw her claim for unfair dismissal. She understood that the claim would be dismissed and she would not be allowed to progress that claim again.[5]Rule 51 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 states that a claimant can withdraw a claim in the course of a hearing in which case the claim would come to an end.[6]Under Rule 52 the Tribunal can issue a judgment dismissing the claim (preventing the claimant from commencing a further claim against the respondent raising the same or substantially the same complaint) unless the claimant asks for the claim not to be dismissed or where it is not in the interests of justice to issue such a judgment.[7]No reason was advanced as to why it would not be in the interests of justice for judgement to be issued.[8]The claim is accordingly dismissed.