Claimant v Swindon Borough Council
Outcome
Individual claims
The claimant's claim for constructive unfair dismissal was dismissed following a full merits hearing on 12-13 May 2025. The reserved judgment issued on 26 June 2025 found against the claimant. The claimant's subsequent reconsideration application was refused.
Facts
The claimant filed an ET1 on 4 June 2024 for constructive unfair dismissal. In December 2024, she applied to amend to add disability discrimination and whistleblowing claims but failed to copy the respondent as required by tribunal rules. At the full merits hearing on 12-13 May 2025, the claimant confirmed she would proceed only with the constructive dismissal claim. The claim was dismissed in a reserved judgment issued on 26 June 2025. Before receiving the judgment, the claimant applied for reconsideration on 14 May 2025.
Decision
The tribunal refused the reconsideration application under Rule 70(2) on the basis there was no reasonable prospect of the judgment being varied or revoked. The decision not to pursue the whistleblowing claim was the claimant's own decision made after the judge explained the implications. The claimant raised no new matters and the application was essentially an attempt to re-litigate issues already determined.
Practical note
Reconsideration applications must identify new matters or errors; they cannot be used to reverse a litigant's own informed procedural choices made during the hearing, even where the litigant was unrepresented.
Legal authorities cited
Statutes
Case details
- Case number
- 6003262/2024
- Decision date
- 13 June 2025
- Hearing type
- reconsideration
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
Claimant representation
- Represented
- No