Outcome
Individual claims
The tribunal concluded that the claimant had not been an employee or worker of the respondent under either the Employment Rights Act 1996 or the Equality Act 2010, such that the tribunal had no jurisdiction to consider her claim. The claimant's application for reconsideration was refused as there was no reasonable prospect of the original decision being varied or revoked.
Facts
The claimant brought claims against the respondent, but the tribunal found it had no jurisdiction as she was neither an employee nor a worker under the Employment Rights Act 1996 or the Equality Act 2010. The claimant applied for reconsideration of the judgment, submitting an 18-page application with nearly 1,000 pages of appendices. She argued she was not in a suitable physical or mental state at the tribunal due to medical treatment for a cancer scare, had limited time to prepare evidence due to disclosure issues, and faced short preparation time. The original hearing had been postponed once at her request from 1 August 2025 to 11 August 2025.
Decision
The tribunal refused the claimant's application for reconsideration. The judge found no reasonable prospect of the original decision being varied or revoked. The claimant had been given every opportunity to advance her case at the original hearing, had been in possession of all relevant documentation for several weeks, and had produced a comprehensive 63-page witness statement. The judge found that neither the respondent's alleged disclosure failings nor the claimant's health issues materially affected her ability to present her case.
Practical note
Reconsideration applications must demonstrate more than mere disagreement with the tribunal's conclusions and must show that health or procedural issues materially impacted the party's ability to present their case, not just that they caused inconvenience or stress.
Legal authorities cited
Statutes
Case details
- Case number
- 6023345/2024
- Decision date
- 19 August 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No