Scotrail Trains Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101044/2025 Held in Chambers on 21 November 2025 Employment Judge O’Donnell Ms Rachel Stirling Claimant Scotrail Trains Ltd Respondent JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claim, having been withdrawn, is dismissed under Rule 51 of the Tribunal Rules of Procedure 2024. REASONS 1. The present hearing has been set to consider afresh a decision taken by the legal officers to dismiss the claim under Rule 51 of the Tribunal Rules of Procedure 2024. 2. The relevant facts of the case are not in dispute: a. The claimant lodged her ET1 with the Tribunal on 25 May 2025 alleging unfair dismissal and a whistleblowing claim. b. The respondent lodged an ET3 on 25 June 2025 opposing the claims. c. On 1 July 2025, the claimant emailed the Scottish Courts and Tribunal Service (SCTS) asking them to send her a form to withdraw her claim. SCTS does not administer the Employment Tribunal and so they forwarded the email to His Majesty’s Court and Tribunal Service (HMCTS) which does administer the Employment Tribunal. d. On 8 July 2025, the Tribunal sent an email to the claimant asking her to confirm that she wishes to withdraw her claim under explanation that the claim will then be dismissed bringing it to an end. The email goes 4101044/2025 Page 2 on to explain that there is no form to complete and written confirmation is sufficient. e. On the same day, the claimant emailed the Tribunal to confirm that she wished to withdraw her claim having received advice from a lawyer that it was not “a winning case”. f. A judgment dismissing the claim under Rule 51 was issued on 11 July 2025 by a legal officer. g. By email dated 21 July 2025 (again, sent to SCTS and forwarded by them to HMCTS), the claimant states that she had 14 days to “reinstate” her claim and wishes...