Withdrawal of claim

Case 6: The facts

Mr Silva-Douglas brought claims of unfair dismissal and race discrimination. A couple of days before the hearing, his representatives wrote to inform the tribunal that they were withdrawing his claim. On the day they received this letter, the tribunal wrote to the parties confirming the claim’s withdrawal. On the same day, they received another letter from Silva-Douglas’s representatives stating that they were no longer acting on his behalf and that he would be representing himself. The tribunal said that, as the claim had been withdrawn, he could not pursue it.

The ruling

The EAT confirmed the principle established in the case of Khan v Heywood & Middleton Primary Care Trust [2006] EWCA Civ 1087, that a withdrawn claim cannot be reinstated (although the claimant can bring a fresh claim on the same facts, as long as s/he is still within the time limit). The withdrawal takes effect once the tribunal receives the application, so Silva-Douglas could not continue with his claim once his representatives’ initial letter had reached the tribunal office.

Silva-Douglas v London School of Economics and Political Science UKEAT/0075/07