Cases1604326/2024

Claimant v Legends Leisure Limited

13 June 2025Before Employment Judge R Braceremote video

Outcome

Claimant succeeds

Facts

This is a reconsideration application made by the Respondent on 11 April 2025 following a judgment in favour of the Claimant sent to parties on 1 April 2025. The final hearing was held remotely on 1 April 2025 in the Respondent's absence after they applied to postpone citing inability to attend. The Respondent had previously paid the Claimant £1,000 as an ex gratia payment without condition.

Decision

Employment Judge Brace refused the reconsideration application on the basis there was no reasonable prospect of the judgment being varied or revoked. The judge confirmed she had already considered the Respondent's inability to attend and the £1,000 payment when making the original decision to proceed with the hearing in the Respondent's absence.

Practical note

Reconsideration applications will be refused where there is no reasonable prospect of success and matters raised were already properly considered at the original hearing.

Legal authorities cited

Liddington v 2Gether NHS Foundation Trust EAT/0002/16Ministry of Justice v Burton and anor [2016] EWCA Civ 714

Statutes

Employment Tribunal Procedure Rules 2024 Rule 68Employment Tribunal Procedure Rules 2024 Rule 70(2)

Case details

Case number
1604326/2024
Decision date
13 June 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No