Claimant v University of Liverpool
Outcome
Individual claims
The claimant's application for reconsideration was refused on preliminary consideration. The tribunal found no reasonable prospect of the original decision (dismissing claims as out of time) being varied or revoked. The claimant did not attend the original hearing and could have made his arguments then or in written representations.
Facts
Dr Gamble brought claims against the University of Liverpool and Mr Blackburn. At a hearing on 13 June 2025, the tribunal dismissed his claims as out of time, finding it was not just and equitable to extend time. The claimant did not attend the hearing despite being given opportunity to do so or provide written representations. He subsequently applied for reconsideration, submitting medical documents he said should not be shared with the respondents. The tribunal noted the claimant could have made these arguments at the original hearing.
Decision
The tribunal refused the application for reconsideration on preliminary consideration under rule 70(2), finding no reasonable prospect of the original decision being varied or revoked. The judge found it was not necessary in the interests of justice to reconsider, emphasizing finality in litigation and that reconsideration is not an opportunity to make arguments that could have been made at the original hearing.
Practical note
A claimant cannot use a reconsideration application to make arguments they could have presented at the original hearing, particularly when they chose not to attend or provide written representations.
Legal authorities cited
Case details
- Case number
- 6019637/2024
- Decision date
- 13 June 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
Claimant representation
- Represented
- No