Claimant v XYZ

Outcome

Facts

The claimant, a senior employee of the respondent trade union, brought claims for unjustified discipline under s.64 TULRCA and victimisation under s.146 TULRCA, both concerning the respondent's refusal to provide funded legal support for the claimant's employment claims against the respondent. At a preliminary hearing in October 2023, the tribunal made deposit orders on both claims. The claimant applied for reconsideration, arguing that the tribunal had made findings of fact without hearing live witness evidence and that new evidence had emerged. The reconsideration was dealt with on the papers without a hearing.

Decision

The tribunal refused the reconsideration application save for one minor amendment. The tribunal clarified that no binding findings of fact had been made at the preliminary hearing and that the deposit order was based on a summary assessment of the documentary evidence. The tribunal amended paragraph 3.a.2 of the deposit order reasons to make clear that the assessment concerned whether there was 'little reasonable prospect of a finding' rather than stating definitively that no benefit was available. The tribunal held that the claimant was attempting to relitigate matters already considered and that the deposit orders would remain in place.

Practical note

Legal authorities cited