Cases2307277/2025

Claimant v Bupa Care Services Limited

25 September 2025Before Employment Judge SudraLondon Southon papers

Outcome

Claimant fails

Individual claims

Whistleblowingnot determined

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

Porter v Magill [2001] UKHL 67Ministry of Justice v Burton [2016] EWCA Civ 714Flint v Eastern Electricity Board [1975] ICR 395Lindsay v Ironsides Ray and Vials [1994] ICR 384Liddington v 2Gether NHS Foundation Trust EAT/0002/16

Statutes

ERA 1996 s.103A

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