Discrimination Claim Problems - with Daniel Barnett's Commentary
Withdrawing Discrimination Claim - with Daniel Barnett's CommentaryKhan v Heywood & Middleton Primary Care Trust
[2006] EWCA Civ 1087
CA
27 July 2006
Daily Law Notes Summary
Employment tribunals did not have jurisdiction to set aside a
notice of withdrawal of a claim which had been given under r 25(2)
of Sch 1 to the Employment Tribunals (Constitution and Rules of
Procedure) Regulations 2004 (SI 2004/1861).
Daniel Barnett's Commentary:
Reinstating Withdrawn Claims
31 July 2006
The Court of Appeal has upheld the EAT's judgment in Khan v
Heywood & Middleton Primary Care Trust (see bulletin dated
25/1/06). The case deals with the "lamentable" (para.78) drafting
of rule 25 of the Employment Tribunal (Constitution and Rules of
Procedure) Regulations 2004.
The case is authority for the proposition that:
* if a Claimant sends a Notice of Withdrawal to the tribunal,
the claim is at an end and the tribunal has no power to reinstate
the claim at a later date (despite the wording of rule 25(4));
* if the Respondent subsequently applies (successfully) for
the withdrawn claim to be formally dismissed, then the Claimant
cannot bring a fresh claim based upon the same or similar facts.
If the Respondent fails to secure the formal dismissal of the
withdrawn claim, the Claimant is free to issue a fresh claim
(subject to limitation issues) based upon the same or similar
facts.
It's a complicated judgment. Read it here...
Khan v Heywood & Middleton Primary Care Trust
BAILII Judgment