Claimant v Bupa Care Services Limited
Outcome
Individual claims
This is a reconsideration judgment refusing the claimant's application to reconsider an earlier reserved judgment from 2 October 2025. The underlying whistleblowing unfair dismissal claim under s.103A ERA was addressed in the earlier judgment, not determined here.
Facts
This is a reconsideration application by the claimant, a self-represented litigant, seeking to overturn a reserved judgment sent to parties on 2 October 2025 concerning whistleblowing unfair dismissal. The claimant alleged five grounds: procedural irregularity (failure to review claimant's bundle), overlooked evidence, appearance of bias (based on employment status of judge and respondent's barrister), errors in the judgment, and inconsistencies in decision maker's statements. The claimant acknowledged a factual error in Ground 3 regarding the judge's employment status.
Decision
Employment Judge Sudra refused the reconsideration application in its entirety, confirming the earlier judgment. The judge found no procedural impropriety, no evidence was overlooked, summarising documents was not mischaracterization, and the claimant's allegations of bias, errors and inconsistencies were merely subjective views not supported by the record. The judge applied established principles of finality in litigation and confirmed reconsideration is not an opportunity to re-litigate or have a second bite at the cherry.
Practical note
Reconsideration applications based on a litigant in person's dissatisfaction with findings of fact and credibility assessments will be refused where there is no procedural irregularity, administrative error or new evidence, as reconsideration is not a rehearing or second opportunity to argue the same case.
Legal authorities cited
Statutes
Case details
- Case number
- 2307277/2025
- Decision date
- 25 September 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No