Share :

How to withdraw (stop) your claim in the Employment Tribunal

Rule 25 of the Employment Tribunal Rules of Procedure allows you to withdraw all or part of your claim at any time. You can do this verbally at a hearing or in writing.

To withdraw a claim or part of one in writing you must inform the Employment Tribunal of the claim or the parts of it which are to be withdrawn. Where you are suing more than one respondent (your employer and another person), your notification must say which from which respondent the claim is being withdrawn. Withdrawal takes effect on the date on which the Employment Tribunal receives notice of it.

Note that withdrawal does not affect proceedings as to costs, preparation time or wasted costs. This means that you may be hot with costs after you have withdrawn the claim or part of it. It is a good idea to agree with the Respondent that they will not pursue you for costs after you have withdrawn your claim or part of it. You should get an ACAS Conciliator involved so that the agreement not to pursue you for costs is put in a COT3 settlement agreement.

After you have withdrawn your claim, the respondent may make an application to have the proceedings against them dismissed within 28 days of receiving your notice of withdrawal.

Withdraw your claim with this Template Letter

See also

 Presidential Guidance – General Case Management

 

Application for a judgment in default 

Application for a Witness Order

Application for Costs

Costs - Points of Dispute Form

Schedule of Costs

Application for disclosure of information

Application for further and better particulars

Application to amend your claim

Application to postpone or adjourn employment tribunal hearing

How to withdraw (stop) your claim in the employment tribunal