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Sajid Saeed Khan v Heywood & Middleton Primary Care Trust

The employment tribunal had no jurisdiction to set aside a notice of withdrawal of a claim given under para 25(2), Sched 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.

4 August 2006

The appellant (K) appealed against the dismissal of his application ([2006] EWCA Civ 1087)) to set aside the notice of withdrawal of his claim for racial discrimination against the respondent (H). K had withdrawn his claim in accordance with para 25(2), Sched 1 of the Employment Tribunals (Constitution and Rules of procedure) Regulations 2004 and had subsequently applied to set aside the withdrawal notice under para 10, Sched 1. The Employment Appeal Tribunal had upheld the decision of the tribunal, rejecting K’s application to set aside the withdrawal notice, on the basis that para 25(3), Sched 1 prevented K from reviving his initial claim as its wording “brought to an end” precluded a second claim out of the same set of facts. K submitted that proceedings “brought to an end” under s 25(3) were necessarily distinct from those “which cannot be continued” under para 25(4) Sched 1. K argued that, if proceedings which were brought to an end could not be continued,

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