Cases1400575/2024

Claimant v Laing O'Rourke Services Ltd

10 June 2025Before Employment Judge WoodheadBristolremote video

Outcome

Claimant fails

Facts

This is a reconsideration judgment relating to an earlier judgment sent to parties on 7 July 2025. The claimant applied for reconsideration on 21 July 2025. The substantive hearing occurred on 22 May 2025 by CVP at Bristol Employment Tribunal, at which the claimant appeared in person and the respondents were represented by counsel. The claimant also appealed to the Employment Appeal Tribunal.

Decision

The tribunal refused the claimant's application for reconsideration under rule 70(2), finding no reasonable prospect of the original judgment being varied or revoked. The judge found the application either raised points already argued at the hearing which should be corrected on appeal, or represented attempts to re-litigate issues already determined, undermining the principle of finality.

Practical note

Reconsideration applications must demonstrate more than disagreement with findings or a desire to re-argue the case; they are limited exceptions to finality in litigation and not opportunities for a second hearing.

Legal authorities cited

Liddington v 2Gether NHS Foundation Trust EAT/0002/16Ministry of Justice v Burton [2016] EWCA Civ 714Flint v Eastern Electricity Board [1975] ICR 395Lindsay v Ironsides Ray and Vials [1994] ICR 384

Statutes

Employment Tribunal Procedure Rules 2024 r.68-71

Case details

Case number
1400575/2024
Decision date
10 June 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Sector
construction
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No