Cases1401400/2024

Claimant v Bournemouth Transport Limited

26 November 2025Before Employment Judge DawsonSouthamptonon papers

Outcome

Other

Individual claims

Othernot determined

This is a reconsideration application relating to a judgment dated 30 April 2025. The reconsideration was refused on grounds of finality and the claimant's failure to present evidence properly at the original hearing. The underlying substantive claims are not determined in this judgment.

Facts

Mr Rullo sought reconsideration of a judgment dated 30 April 2025 concerning whether his claims were presented within a reasonable period. He had previously provided a witness statement following directions from Employment Judge Ferguson. He now sought to provide a more detailed explanation for the delay in submitting his claim, claiming he had not worded his original statement well.

Decision

Employment Judge Dawson dismissed the reconsideration application, holding there was no reasonable prospect of varying or revoking the original decision. The judge applied the principle that the interests of justice are not open-ended and finality is important. The claimant had his opportunity to present evidence at trial and could not now seek to rely on new evidence.

Practical note

Reconsideration applications based on new evidence or better articulated arguments that could have been presented at the original hearing will be refused on grounds of finality and the limited scope of the interests of justice ground.

Legal authorities cited

Outasight VB v Brown [2015] ICR D11Lindsay v Ironsides Ray & Vials [1994] ICR 384Newcastle upon Tyne City Council v Marsden [2010] ICR 743Ministry of Justice v Burton [2016] ICR 1128Flint v Eastern Electricity Board [1975] ICR 395

Statutes

Employment Tribunal Procedure Rules 2024 r.68Employment Tribunals Rules of Procedure 2013 r.70Employment Tribunal Procedure Rules 2024 r.70Employment Tribunal Procedure Rules 2024 r.69

Case details

Case number
1401400/2024
Decision date
26 November 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
transport
Represented
No

Claimant representation

Represented
No