No obligation to invite parties to make representations before dismissing a withdrawn claim (Campbell v (1) OCS Group UK (2) Moffat)

Table of contents

• Original news
• What is the impact of this case?
• What is the relevant law in this area?
• What are the background facts?
• What did the EAT decide?
• Court details

Article summary

Employment analysis: Where a claimant withdraws a claim it comes to an end under Rule 51 of the ET Rules 2013 and cannot be revived. An employment tribunal must issue a dismissal judgment following withdrawal unless one of the exceptions at paragraphs (a) and (b) of Rule 52 apply. There is no obligation on the part of the tribunal to invite representations from the parties before dismissing a withdrawn claim. However, depending on the facts and circumstances of the particular case, they may exercise their discretion to do so, according to the EAT.