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Rixon v Metropolitan Police Commissioner - Claim cannot be reinstated once "dismissed upon withdrawal" [2012] EAT

Once an employment tribunal claim has been "dismissed on withdrawal" in accordance with the ET procedures, it cannot be re-instated.

About a fortnight before his employment tribunal hearing was listed, Mr Rixon was allegedly warned by a Police Commander that if he disclosed certain material at the hearing there would be "serious consequences". As a result he met with his Police Federation representative (considered by the tribunal and EAT as an experienced professional adviser) and wrote to the tribunal on the day before the hearing was due to start withdrawing his claim.

He claimed to have telephoned the tribunal on the morning of the hearing, and been told he need not attend. The police did attend, and on their application the tribunal issued a judgment dismissing his claims upon withdrawal. Some 12 months later Mr Rixon tried to reinstate his claim, and when that was not accepted he appealed to the EAT.

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