Cases8000240/2025

Claimant v GXO Logistics UK Limited

8 July 2025Before Employment Judge D HoeyScotlandon papers

Outcome

Claimant fails

Individual claims

Otherdismissed on withdrawal

This was a reconsideration application (the third such application) following dismissal of the original claim by judgment dated 8 July 2025. The reconsideration was refused under Rule 70(2) as there was no reasonable prospect of varying the decision. The claimant attempted to raise new complaints not presented at the original hearing despite being given a full day to finalize issues with interpreter assistance.

Facts

This was the claimant's third application for reconsideration of a judgment dated 8 July 2025 dismissing his claim. The original hearing had allocated a full day for the claimant to work with an interpreter and the respondent to finalize the issues to be determined. The claimant now sought to raise new complaints not advanced at the hearing, arguing he had been under pressure. The tribunal found the claimant had been given ample opportunity and confirmed he was satisfied all complaints had been set out before the hearing concluded.

Decision

The tribunal refused the reconsideration application under Rule 70(2), finding no reasonable prospect of varying the original decision. The judge emphasized the importance of finality in litigation and found the claimant had been given considerable time and latitude to set out his case, with interpreter assistance, and had confirmed no issues were outstanding before the original decision was made.

Practical note

Reconsideration applications must demonstrate reasonable prospects of varying a decision and cannot be used to raise new complaints that could and should have been raised at the original hearing, particularly where the claimant was given extensive opportunity to finalize issues.

Legal authorities cited

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

Statutes

Rule 70(2) of the Employment Tribunal Rules of Procedure 2024

Case details

Case number
8000240/2025
Decision date
8 July 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
logistics
Represented
Yes

Claimant representation

Represented
No