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.
1 min read · Last updated 19 May 2026
Case details
- #withdrawal
- #mental-health
- #capacity
- #reinstatement-denied
- #case-management
Key facts
- The claimant withdrew her claims on 22 August 2024 by email.
- The claimant sought to revoke the withdrawal the next day, citing emotional distress.
- Employment Judge Postle reinstated the claims on 3 September 2024.
- The respondent applied to set aside the reinstatement order.
- Employment Judge Robertson found the claimant had capacity and the withdrawal was valid.
- The reinstatement order was set aside as there was no power to reinstate a withdrawn claim.
Timeline
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Claim 1 presented
First claim form received by the tribunal.
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Claim 2 presented
Second claim form received.
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Preliminary hearing (EJ Quill)
Strike out applications refused; claims consolidated.
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Claimant withdraws claims
Claimant emailed tribunal stating she wished to withdraw both claims.
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Claimant seeks to revoke withdrawal
Claimant emailed tribunal asking to disregard the withdrawal.
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EJ Postle reinstates claims
Ordered that claims remain as claimant wished to continue.
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Respondent applies to set aside reinstatement
Respondent applied to set aside EJ Postle's order.
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Preliminary hearing (EJ Robertson)
Heard respondent's application; set aside reinstatement order.
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Reconsideration application
Claimant applied for reconsideration of the judgment.
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Reconsideration refused
EJ Robertson refused the reconsideration application.
The legal issue
The tribunal had to decide whether the claimant's withdrawal of her claims was valid and, if so, whether the tribunal could reinstate them after she changed her mind.
The outcome
The tribunal dismissed the claimant's claims. It found that the claimant had validly withdrawn her claims by email on 22 August 2024. The next day, she sought to revoke the withdrawal, citing emotional distress. Employment Judge Postle reinstated the claims on 3 September 2024, but the respondent applied to set aside that order. Employment Judge Robertson ruled that the claimant had capacity at the time of withdrawal and that the tribunal had no power to reinstate a withdrawn claim. The reinstatement order was set aside, and the claims were dismissed. No compensation was awarded.
Lessons & takeaways
- Once you withdraw a claim, you cannot simply change your mind — the tribunal has no power to reinstate it unless there was a procedural irregularity.
- If you are feeling pressured or distressed, seek advice before making any decision to withdraw — it may be final.
- Keep records of all communications with the tribunal, as they can be crucial in determining the validity of a withdrawal.
- If you have concerns about your mental capacity at the time of withdrawal, you may need medical evidence to challenge it.
A withdrawal that stuck
This case shows how final a decision to withdraw a claim can be. The claimant, an agency worker supplied to the Royal Free London NHS Foundation Trust, emailed the tribunal on 22 August 2024 to say she wished to withdraw both her claims. The next day, she emailed again asking to disregard the withdrawal, saying she had been under emotional distress. But the tribunal's rules are strict: once a claim is withdrawn, it cannot be reinstated unless there was a procedural error.
What the tribunal decided
Employment Judge Robertson held that the claimant had capacity when she sent the withdrawal email. The judge noted that the claimant had a solicitor at the time and had not raised any issue of incapacity. The earlier reinstatement by Employment Judge Postle was set aside because there was no legal basis for it. The tribunal also refused the claimant's application for reconsideration.
What could have been done differently
The claimant could have taken more time before withdrawing. If she felt pressured or unwell, she could have asked the tribunal for an adjournment or sought advice from her solicitor. The respondent, meanwhile, acted promptly to challenge the reinstatement, which the tribunal agreed was unlawful.
Why this matters
This decision reinforces that withdrawal is a serious step with lasting consequences. Claimants should not assume they can reverse a withdrawal simply by changing their mind. For employers, it confirms that a valid withdrawal ends the proceedings, and any subsequent reinstatement order may be set aside if made without jurisdiction.
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