Jurisdiction(s):
United Kingdom

EAT: Equivocal withdrawal ineffective; disputed withdrawals require a judicial determination and distinct findings on withdrawal and dismissal (McCrory v Healthwatch Stockport Ltd)

Published on: 13 January 2026

Published by a LexisNexis Employment expert

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Article summary

McCrory v Healthwatch Stockport Ltd [2026] EAT 3

What are the practical implications of this decision?

The boundary between withdrawing a claim and the tribunal dismissing it, and the effects of each, can be unclear, especially for litigants in person. This EAT decision provides clear guidance on the correct procedure where a claimant argues they did not withdraw because their communication about withdrawal was not clear, unequivocal or unambiguous. It confirms that, if there is a dispute about whether a withdrawal occurred, resolving that question requires a judicial determination that is a judgment, not a case management order. Where a claimant says a dismissal judgment should not be issued (or should be set aside) because there was no effective withdrawal, both issues can be determined in a single judgment, but the two determinations must be stated separately as follows:

whether the claim has been withdrawn;
whether to issue a dismissal judgment...

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