Cases1600157/2025

Claimant v Wellcome Care Homes Ltd

8 October 2025Before Employment Judge S Mooreon papers

Outcome

Claimant succeeds

Facts

This is a reconsideration application by the respondent following a judgment sent to parties on 11 June 2025 in favour of the claimant. The respondent applied on 25 June 2025 for reconsideration on grounds of alleged error of law/fact and lack of legal representation. The respondent had previously applied for postponement on 7 May 2025 to secure representation (refused), failed to comply with case management orders dated 10 March 2025, and had been on notice of the claim since 29 May 2024 and of the hearing since 25 April 2025.

Decision

Employment Judge Moore refused the reconsideration application. The judge found no reasonable grounds were provided for reconsideration, noting the lack of legal representation was the respondent's own choice and there was ample time to secure representation. The respondent had been given every opportunity to defend the claim at the hearing and was permitted to adduce documents and call witnesses despite non-compliance with orders. The application was essentially an attempt to have a second chance with legal representation, which is not a proper ground for reconsideration.

Practical note

A party's voluntary choice not to obtain legal representation, despite ample opportunity to do so, is not a valid ground for reconsideration of a tribunal judgment.

Legal authorities cited

Outasight VB Limited v Brown UKEAT/0253/14TW White & Sons Ltd v White UKEAT/0022/21Ministry of Justice v Burton [2016] ICR 1128Newcastle upon Tyne City Council v Marsden [2010] ICR 743Flint v Eastern Electricity Board [1975] ICR 395Liddington v 2Gether NHS Foundation Trust UKEAT/0002/16Ladd v Marshall [1954] 3 All ER 745

Statutes

Employment Tribunal Rules of Procedure 2024 Rules 69-71

Case details

Case number
1600157/2025
Decision date
8 October 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No