Claimant v Shaw Trust Limited (The)
Outcome
Individual claims
The Tribunal upheld a single claim of failure to make reasonable adjustments relating to the Respondent's failure to permit the Claimant to be accompanied by her stepmother to the redundancy consultation meeting on 12 December 2023. The reconsideration application did not alter this outcome.
The Tribunal dismissed the claim of direct disability discrimination. The Claimant did not successfully challenge this on reconsideration, and there was no reasonable prospect of varying or revoking the judgment.
The Tribunal dismissed the claim of discrimination arising from disability (section 15). The Tribunal accepted the Respondent's justification defence. The reconsideration application was refused.
Facts
This is a reconsideration judgment following a liability hearing. The Claimant brought disability discrimination claims against her employer, a charity, in the context of a redundancy process. The Tribunal upheld one claim of failure to make reasonable adjustments relating to not being allowed to be accompanied by her stepmother at a redundancy consultation meeting on 12 December 2023, but dismissed other claims. Both parties applied for reconsideration of the liability judgment sent to them on 11 June 2025.
Decision
The Tribunal refused both reconsideration applications. The Respondent's application was based on a misreading of the judgment, confusing the December consultation meeting (which the Claimant attended and where the successful claim arose) with the November selection interview. The Claimant's application was an attempt to re-argue the case and raise claims not in the agreed list of issues. There was no reasonable prospect of varying or revoking the original judgment.
Practical note
Reconsideration applications must show it is necessary in the interests of justice to vary or revoke a judgment, not merely reargue the case or introduce claims not previously pleaded; finality in litigation is a fundamental principle.
Legal authorities cited
Statutes
Case details
- Case number
- 3200542/2024
- Decision date
- 25 November 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No