Outcome
Individual claims
The claims were struck out as they were not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have brought the claims in time, rejecting arguments about threats, financial stress, and unawareness of time limits. The reconsideration application was dismissed as there was no reasonable prospect of the judgment being varied or revoked.
Facts
The claimant brought claims which were found to be out of time at a preliminary hearing on 1 July 2025. The claimant argued it was not reasonably practicable to bring the claims in time due to alleged threats from Mr Morgun (associated with the respondent), financial stress, and unawareness of time limits. The tribunal rejected these arguments. The claimant then applied for reconsideration based on a further threatening WhatsApp message sent by Mr Morgun on 1 July 2025 after the hearing, stating he did not feel safe to appeal. The message referenced the claimant's family and contained apparent threats.
Decision
The tribunal dismissed the reconsideration application, finding no reasonable prospect of varying or revoking the original judgment. While the new evidence was a threatening message, it was sent after the hearing and could not have been operative on the claimant's decision-making when bringing (or not bringing) the claims in time. The tribunal's finding that earlier messages did not constitute threats was not undermined by this later message.
Practical note
Fresh evidence submitted for reconsideration must be capable of affecting the original decision; evidence arising after the hearing that could not have influenced the claimant's conduct at the relevant time will not provide grounds for reconsideration, even if it is unpleasant or apparently threatening.
Legal authorities cited
Statutes
Case details
- Case number
- 6016358/2024
- Decision date
- 1 July 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No