Outcome
Individual claims
The original judgment by Employment Judge Parkin found that the claimant did not have a disability at the relevant time. The claimant's application for reconsideration was refused both because it was out of time and because there was no reasonable prospect of varying or revoking the original decision.
Facts
The claimant brought disability discrimination claims based on a lower respiratory chest infection. Following a two-day preliminary hearing, Employment Judge Parkin found the claimant did not have a disability at the relevant time. The claimant applied for reconsideration on 15 August 2025, more than 14 days after the judgment was sent on 23 July 2025. The claimant submitted a fit note stating she was unfit for work from 1 July to 16 November 2025 due to persistent cough, asthma, stress and anxiety.
Decision
Employment Judge Allen refused the reconsideration application on two grounds: it was out of time under rule 69, and even if timely, there was no reasonable prospect of the original decision being varied or revoked. The judge found the fit note did not evidence inability to submit a reconsideration application, particularly as the claimant had attended and represented herself at the hearing during the certified period.
Practical note
Reconsideration applications must be submitted within 14 days and the interests of finality in litigation mean the discretion to extend time will be exercised sparingly, requiring clear evidence of inability to comply with the deadline.
Legal authorities cited
Case details
- Case number
- 2402416/2024
- Decision date
- 6 July 2025
- Hearing type
- reconsideration
- Hearing days
- 2
- Classification
- procedural
Respondent
- Name
- Foundation 92
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No