Withdrawn unfair dismissal claim: no power to revive after reconsideration
A former employee who withdrew her unfair dismissal claim against Landmark Space Ltd could not revive it, even after applying for reconsideration. The tribunal confirmed it has no power to set aside a withdrawal.
1 min read · Last updated 18 May 2026
Case details
- #withdrawal
- #reconsideration
- #jurisdiction
- #no-power-to-revive
Key facts
- The claimant withdrew her claims on 26 March 2024.
- The tribunal dismissed the claims upon withdrawal.
- The claimant applied for reconsideration on 28 April 2024.
- The tribunal has no power to set aside a withdrawal or revive a withdrawn claim.
- The claimant's decision to withdraw was considered and rational.
Timeline
-
Unfair dismissal complaint struck out
The claimant's unfair dismissal complaint was struck out because she had less than two years' service.
-
First day of hearing
The claimant gave evidence and was cross-examined. The hearing was converted to CVP at her request.
-
Claimant withdrew claims
The claimant emailed the tribunal to withdraw her claims, citing health reasons. The tribunal dismissed the claims upon withdrawal.
-
Application for reconsideration
The claimant emailed the tribunal seeking help to appeal and reinstate her case, treated as a reconsideration application.
-
Application brought to judge's attention
Employment Judge Tynan became aware of the application and gave directions.
-
Parties reminded of legal position
The tribunal wrote to parties about Khan v Heywood, confirming no power to set aside withdrawal.
-
Reconsideration hearing
The claimant did not attend. The tribunal refused the reconsideration application.
The legal issue
Whether the tribunal could reconsider its decision to dismiss a claim after the claimant withdrew it, given that tribunal rules and case law prevent reviving a withdrawn claim.
The outcome
The tribunal dismissed the former employee's application for reconsideration of its earlier judgment dismissing her claims upon withdrawal.
- The claimant withdrew her claims on 26 March 2024 during a hearing, citing health reasons. The tribunal dismissed them as required by law.
- She later applied for reconsideration, asking to reinstate her case. However, the tribunal has no power to set aside a withdrawal or revive a claim, as confirmed by the Court of Appeal in Khan v Heywood & Middleton PCT.
- The tribunal found that her decision to withdraw was considered and rational, and there was no basis to reconsider the dismissal.
Lessons & takeaways
- Withdrawing a claim is final — you cannot change your mind later and ask the tribunal to revive it.
- If you are unsure about withdrawing, seek legal advice or ask for an adjournment before making a decision.
- The tribunal's power to reconsider is limited; it cannot undo a withdrawal even if you later regret it.
- Make sure you understand the consequences of withdrawal, especially if you are representing yourself.
When a withdrawal is final
This case illustrates a hard rule of employment tribunal procedure: once a claim is withdrawn, it cannot be brought back. The former employee withdrew her unfair dismissal claim against Landmark Space Ltd during a hearing in March 2024, citing health reasons. She later regretted that decision and applied for reconsideration, asking the tribunal to reinstate her case and deliver a verdict on the merits.
However, the tribunal had no power to do so. Under the Employment Tribunal Rules and the Court of Appeal decision in Khan v Heywood & Middleton PCT, a withdrawal is final. The tribunal's only option was to consider whether it should reconsider its decision to dismiss the claim — but that decision was a mandatory consequence of the withdrawal, not a discretionary judgment.
What the tribunal said
The claimant's application focused on her desire to change her mind, not on any error in the original dismissal. She explained that she 'hated herself' for withdrawing and asked the tribunal to decide her case based on her witness statement. But the tribunal could not do that. It noted that her decision to withdraw was considered and rational, and there was no basis to set it aside.
What this means for others
This case is a reminder that withdrawing a claim is a serious step with irreversible consequences. If you are representing yourself and feel pressured or unwell during a hearing, you can ask for an adjournment rather than withdrawing. Once you withdraw, the tribunal cannot help you revive the claim, no matter how compelling your reasons for changing your mind.
Similar cases
Unfair dismissal claim struck out: the two-year service rule in action
A former employee with less than two years' service had her unfair dismissal complaint struck out by the tribunal. Other discrimination claims remain pending.
Practice manager's unfair dismissal claim dismissed after settlement and revocation of decade-old judgment
A tribunal revoked a 2014 judgment finding a practice manager guilty of financial impropriety, after new documents emerged and the parties reached a settlement. The claim was then dismissed on withdrawal.
Claim dismissed for missing ACAS certificate: a procedural trap that could not be fixed
A former employee's claims of unfair dismissal and discrimination were thrown out because the claim form lacked a valid ACAS early conciliation number, and a later certificate could not cure the defect.
Agency worker's claim dismissed after withdrawal and failed reinstatement
An agency worker who withdrew her employment tribunal claims and then tried to revoke the withdrawal has had her case dismissed. The tribunal ruled the withdrawal was valid and could not be undone.