Withdrawn claims cannot be revived: tribunal refuses reconsideration
A former employee who withdrew claims against two respondents at a case management hearing failed to have the dismissal judgment reconsidered. The tribunal also dismissed her unfair dismissal claim for lack of jurisdiction but allowed disability discrimination claims to proceed out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented claims for unfair dismissal, disability discrimination, and breach of contract.
- The unfair dismissal claim was dismissed for lack of jurisdiction.
- The discrimination claims were presented out of time but time was extended to proceed to a final hearing.
- The claimant had previously withdrawn claims against two other respondents at a case management hearing.
- The claimant's application for reconsideration of the dismissal of those claims was refused.
Timeline
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Case Management Hearing
Employment Judge Hutchinson held a case management hearing. The claimant, represented by a solicitor, conceded that she was employed by North Rutland Health Partnership and withdrew claims against the first and third respondents. A judgment dismissing those claims was sent to the parties on 22 April 2023.
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Judgment sent to parties
The judgment dismissing claims against Market Overton & Somerby Surgeries and Oakham Medical Practice and Market Overton & Somerby Surgeries was sent to the parties.
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Reconsideration application
The claimant, through her solicitor, emailed an application for reconsideration of the 17 April 2023 judgment, arguing that it was not her understanding that claims would be withdrawn.
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Reconsideration refused
Employment Judge Brewer refused the reconsideration application, finding no reasonable prospect of the original decision being varied or revoked.
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Substantive hearing
The tribunal heard the remaining claims. The unfair dismissal claim was dismissed for lack of jurisdiction, but the discrimination claims were allowed to proceed out of time.
The legal issue
The tribunal had to decide whether to reconsider a judgment dismissing claims that the claimant's solicitor had withdrawn at a case management hearing, and whether the unfair dismissal claim could proceed when the tribunal lacked jurisdiction.
The outcome
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction. However, it allowed the disability discrimination and breach of contract claims to proceed despite being presented out of time, finding it just and equitable to extend time.
The reconsideration application was refused because the original decision was correct: the claimant's solicitor had voluntarily withdrawn the claims at the hearing, and there was no reasonable prospect of the decision being varied.
Lessons & takeaways
- If you withdraw a claim at a hearing, you cannot later change your mind and expect the tribunal to reinstate it.
- Always ensure you understand the consequences of withdrawing claims before agreeing to do so in a hearing.
- Time limits for discrimination claims can be extended if it is just and equitable, but unfair dismissal claims have strict jurisdictional requirements.
- Your solicitor's actions at a hearing are binding on you, so make sure you have given clear instructions beforehand.
This case highlights the importance of understanding the consequences of decisions made at case management hearings. The former employee, represented by a solicitor, agreed to withdraw claims against two other GP practices. Later, she argued that she had not understood the effect of that withdrawal. The tribunal refused to reconsider, noting that the solicitor's actions were clear and binding.
What the tribunal decided
The unfair dismissal claim was dismissed because the tribunal lacked jurisdiction – likely due to the employee not having the required length of service. However, the discrimination claims were allowed to proceed despite being late, as the tribunal considered it fair to extend time. This split outcome is common: discrimination claims have more flexible time limits than unfair dismissal.
What could have been done differently
The employee could have sought clarification from her solicitor before agreeing to withdraw claims. If she had reservations, she should have asked for an adjournment to take instructions. Once the judgment was issued, the only route was reconsideration, which the tribunal refused because the original decision was correct and finality in litigation is important.
Why this matters
This case is a reminder that tribunal proceedings are binding, and you cannot easily undo a decision made by your legal representative. It also shows that even if some claims fail on jurisdiction, other claims – like discrimination – may still survive if they are within the tribunal's discretion on time limits.
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