Employment Tribunal Claim Withdrawal Procedure

Withdrawing an Employment Tribunal claim is the formal process by which a claimant chooses to stop their case from proceeding further. It is a significant procedural step in Employment Tribunal litigation in England and Wales and can have important legal consequences, particularly in relation to costs, settlement agreements, and future claims.

Employment Tribunal proceedings are governed by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. These rules set out how claims may be started, managed, and ended, including voluntary withdrawal by a claimant.

This guide explains how the withdrawal process works, the different methods of withdrawal, legal consequences, and practical considerations.

What It Means to Withdraw an Employment Tribunal Claim

Withdrawing a claim means the claimant formally ends all or part of their case before a final judgment is made.

Key features include:

• The claimant decides to discontinue proceedings
• The tribunal is notified formally or informally depending on method
• The withdrawn claim will not proceed to a final hearing unless reinstated in limited circumstances

Withdrawal is different from a tribunal strike out, which is imposed by the tribunal rather than initiated by the claimant.

Methods of Withdrawing a Claim

There are two main methods of withdrawing a claim.

1. Written Notice of Withdrawal

The most common method is submitting a written notice to the tribunal and copying it to the other party.

The notice should clearly state:

• The case reference number
• The claimant's intention to withdraw
• Whether the whole claim or part of it is being withdrawn

Once received, the tribunal will usually confirm the withdrawal in writing.

2. Withdrawal at a Hearing

A claimant may also withdraw:

• At a preliminary hearing
• At a case management hearing
• During a final hearing before judgment

In such cases, the withdrawal is recorded in the tribunal's written notes or judgment record.

Partial Withdrawal of Claims

A claimant may choose to withdraw:

• Entire claims (e.g., all unfair dismissal allegations)
• Specific parts of a claim (e.g., one discrimination ground)
• Particular respondents in multi-party cases

Partial withdrawal is often used to narrow issues before a hearing or after settlement discussions.

Legal Effect of Withdrawal

Withdrawal does not automatically end all consequences of the claim.

1. Case Ends for Withdrawn Issues

The withdrawn claim will not proceed further unless the tribunal later allows reinstatement.

2. Possibility of Costs Orders

In some cases, withdrawal may still lead to:

• Costs applications by the other party
• Tribunal consideration of wasted costs
• Orders linked to unreasonable conduct

3. No Automatic Judgment

Withdrawal is not the same as losing the case. There is no determination on the merits unless the tribunal has already made findings.

Re-Instating a Withdrawn Claim

In limited circumstances, a withdrawn claim can be reinstated.

The tribunal may allow reinstatement where:

• Withdrawal was made by mistake
• There was procedural irregularity
• Justice requires reinstatement

Applications must be made promptly and are not guaranteed to succeed.

Withdrawal After Settlement

Many Employment Tribunal claims are withdrawn after settlement.

This may occur where:

• A financial settlement is agreed between parties
• A settlement agreement includes confidentiality terms
• The claimant agrees not to pursue further proceedings

In such cases, withdrawal is often formalised after payment or completion of agreed terms.

Tribunal Confirmation of Withdrawal

Once a claim is withdrawn:

• The tribunal usually issues written confirmation
• The case is administratively closed
• Any listed hearings are cancelled

However, the tribunal may still deal with outstanding applications, such as costs.

Costs and Financial Risks

Although Employment Tribunals generally do not routinely award costs, withdrawal can increase the risk of costs orders where:

• The claim had little reasonable prospect of success
• Proceedings were conducted unreasonably
• Withdrawal occurs late in the process after significant preparation

Costs applications are considered separately and require judicial assessment of conduct.

Withdrawal and Time Limits for Bringing New Claims

Withdrawing a claim does not extend statutory limitation periods.

Important implications include:

• Most Employment Tribunal claims must be brought within three months less one day of the relevant act
• If a claim is withdrawn after limitation has expired, it may not be possible to refile
• Early withdrawal may therefore permanently affect legal rights

This makes timing an important consideration in any decision to withdraw.

Strategic Reasons for Withdrawal

Common reasons claimants withdraw include:

• Settlement reached with the employer
• Insufficient evidence to proceed
• Change in personal circumstances
• Reassessment of legal prospects
• Narrowing claims to focus on stronger arguments

Withdrawal is often part of broader case management strategy.

Employer Response to Withdrawal

Where a claim is withdrawn:

• The respondent may seek costs
• The respondent may agree settlement terms before withdrawal
• The respondent may request clarification of withdrawal terms (full or partial)

In multi-party claims, withdrawal may affect only one respondent while others remain involved.

Common Procedural Issues

1. Unclear withdrawal notices

Failure to specify whether withdrawal is full or partial can cause procedural confusion.

2. Late-stage withdrawal

Withdrawal shortly before a hearing may lead to cost applications or judicial scrutiny.

3. Informal withdrawal attempts

Verbal withdrawal without written confirmation may not be sufficient in all circumstances.

4. Overlapping settlement terms

Withdrawal without clear settlement documentation can lead to disputes.

Practical Consequences of Withdrawal

Withdrawing a claim may:

• End tribunal proceedings entirely or partially
• Affect leverage in settlement negotiations
• Trigger cost-related risks
• Prevent re-litigation depending on limitation periods
• Provide procedural closure for both parties

It is therefore a legally significant procedural decision.

Key Takeaways

The Employment Tribunal claim withdrawal procedure allows a claimant to formally discontinue all or part of their case by written notice or oral statement at a hearing. Once withdrawn, the claim generally ends, although costs applications or limited reinstatement may still be possible. Withdrawal is frequently linked to settlement or strategic reassessment but must be approached carefully due to limitation rules and potential cost implications.