Withdrawn discrimination claims: tribunal refuses reconsideration despite new evidence
A former employee who withdrew her disability and race discrimination claims at a preliminary hearing was unable to have them reinstated, even after finding new evidence. The tribunal refused reconsideration, ruling that a change of heart is not enough.
1 min read · Last updated 18 May 2026
Key facts
- The claimant withdrew her disability and race discrimination claims at a preliminary hearing on 12 September 2022.
- The claims were dismissed upon withdrawal under Rule 52 of the Employment Tribunals Rules of Procedure 2013.
- The claimant later applied for reconsideration, stating she had found new evidence.
- The respondent objected to the application.
- The tribunal refused reconsideration, finding no new facts or circumstances justifying revisiting the judgment.
Timeline
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Preliminary hearing
The claimant withdrew her disability and race discrimination claims. The claims were dismissed upon withdrawal.
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Application for reconsideration
The claimant emailed the tribunal asking to 'pardon' her decision and reintroduce her discrimination claims, claiming she had accessed new evidence.
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Respondent's objection
The respondent objected to the claimant's application for reconsideration.
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Reconsideration refused
Employment Judge Klimov refused the application, finding no reasonable prospect of the judgment being varied or revoked.
The legal issue
Whether the claimant's withdrawal of her discrimination claims should be reconsidered and the claims reinstated after she found what she believed to be new evidence.
The outcome
The tribunal dismissed the claimant's disability and race discrimination claims after she withdrew them at a preliminary hearing. She later applied for reconsideration, claiming she had accessed new evidence, but the tribunal refused, finding no new facts or circumstances justifying revisiting the judgment.
No compensation was awarded as the claims were dismissed upon withdrawal.
Lessons & takeaways
- Think carefully before withdrawing a claim at a hearing; once withdrawn, it is very difficult to reinstate.
- If you have evidence that might be relevant, ensure it is presented before any decision to withdraw is made.
- A change of heart after withdrawing a claim is not a valid reason for reconsideration.
- New evidence must genuinely be new and relevant to the claims; evidence already known or available at the time of withdrawal will not suffice.
This case shows how final a decision to withdraw a claim can be. The former employee withdrew her disability and race discrimination claims at the start of a preliminary hearing. She later regretted that decision and asked the tribunal to reinstate them, saying she had found new evidence in the form of emails and photos.
What the tribunal decided
The tribunal refused to reconsider its judgment. It found that the emails the claimant relied on were not new – they had been identified at the hearing and were relevant to her unfair dismissal claim, not the discrimination claims. The photos and videos were also not relevant to the discrimination issues. The judge noted that the claimant had freely withdrawn her claims and that a change of heart was not enough to reopen the case.
What could have been done differently
The claimant could have asked for an adjournment to gather further evidence before deciding to withdraw. She could also have sought advice from a representative – she was acting in person – about the consequences of withdrawal. Once a claim is withdrawn, the tribunal has no power to reinstate it unless there are exceptional circumstances, such as new facts that could not have been known at the time.
Why this matters
This case is a reminder that withdrawing a claim is a serious step. Tribunals will not allow a claimant to change their mind simply because they later find evidence they think supports their case. If you are considering withdrawing a claim, make sure you have all the information you need and understand that the decision is usually final.
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