Home / When Tribunal claims end early – lessons from Claudia Liza Vanderpuije v Dan Walker
1st June 2026
Kevin McKenna, Partner
In recent news Claudia-Liza Vanderpuije Ex-Channel 5 newsreader has withdrawn her claims against Dan Walker following the two having reached an “mutual agreement”. Claudia-Liza had filed claims of unfair dismissal, discrimination and harassment on grounds of race and sex, and breach of contract in the Employment Tribunal.
A Claimant, like Claudia-Liza Vanderpuije, can withdraw a claim or part of a claim at any time during the process by informing the Tribunal orally at a hearing or in writing to the Tribunal office. Withdrawing the claim will end the Tribunal claim, subject to the Respondent’s potential application for costs, preparation time or wasted costs order.
The Tribunal will then issue a Judgment formally dismissing the claim.
Claimants contemplating withdrawal will often seek agreement from the respondent not to pursue costs against them, particularly if the claim is being withdrawn at a late stage. Such an agreement could be reached through Acas, in which case it will usually be recorded in a COT3 or directly between the parties, when it can be recorded as part of a settlement agreement.
Currently the Employment Tribunal is facing significant backlogs and delays. As a result, most Employment Tribunal claims settle before the Final Hearing through negotiation and settlement, as was the case with Claudia-Liza Vanderpuije’s claim against Dan Walker.
There are multiple ways an Employment Tribunal claim can be settled:
One way in which a settlement may be reached is through ACAS. This may be the case where the claim can be settled during the Acas early conciliation process or after, where an Acas conciliator is still engaged. Settlement usually occurs through ‘Without Prejudice’ correspondence and offers between the parties. ‘Without Prejudice’ is a legal term ensuring that genuine settlement negotiations, written or verbal, cannot be used as evidence against a party in court if a dispute fails to resolve. It allows open discussion to settle disputes without fear of admissions of liability or concessions being used later. Once the parties reach an agreement, a conciliation agreement (COT3) is prepared and signed by all parties to document the settlement. The claimant should then write to the tribunal to formally withdraw the claim.
Judicial Mediation is becoming a frequently used method of achieving a negotiated settlement between the parties in a Tribunal claim. It is generally considered and proposed during a Preliminary Hearing and is a voluntary, confidential, and a ‘Without Prejudice’ process within employment tribunal proceedings, where an Employment Judge helps parties reach a settlement, typically in complex cases like discrimination or whistleblowing. The process often takes place via video or in person, starting with a joint meeting before moving to separate rooms (or virtual rooms if it’s conducted remotely). The judge facilitates negotiations rather than acting as a judge making a ruling. It is voluntary, therefore both parties must agree to participate, and anything discussed cannot be referred to in subsequent Tribunal hearings. An impartial judge will help to identify key issues and explore settlements but cannot give advice or hear evidence.
A settlement agreement is a mutual agreement documenting the settlement of an employment dispute or where the employee employment is terminating. Both parties must receive independent legal advice on the terms of the settlement, and the terms can be negotiated. The intention behind a settlement agreement generally is to waive or withdraw all and any claims the employee has or may have against the employer to the full extent permissible by law as well as preserving any existing duties of confidentiality and restrictive covenants. In return the employee will receive a payment.
For employers / respondents, the withdrawal or settlement of an Employment Tribunal claim presents both an opportunity and a risk that must be managed carefully. While the withdrawal of a claim will usually bring proceedings to an end, employers should remain mindful of their ability to pursue costs where appropriate, particularly where claims are withdrawn late or have been unreasonably pursued.
Settlement, whether through Acas conciliation, judicial mediation or a formal settlement agreement, can offer a timely and cost‑effective resolution, reducing uncertainty, management time and reputational exposure. Early strategic consideration of withdrawal, costs and settlement options, supported by clear legal advice, can place employers in the strongest possible position to bring claims to a controlled and commercially sensible conclusion.
If you require assistance or want to discuss any of the above in further detail, please contact our employment team on 0161 832 3434 or at [email protected].
Contributors: Biba Metcalfe, Trainee Solicitor