Outcome
Facts
This is a reconsideration judgment concerning a procedural matter. The respondent had previously been granted an extension of time to submit its response but failed to meet the extended deadline due to an administrative error, missing it by one day. The tribunal had refused a further extension and rejected the response. The respondent applied for reconsideration arguing it was in the interests of justice.
Decision
The tribunal refused the reconsideration application. Employment Judge Sudra held there was no prospect of the original decision being revoked or varied, emphasising the importance of finality in litigation and that reconsideration is not an opportunity to re-litigate or have a second bite at the cherry.
Practical note
Administrative errors resulting in missing response deadlines will not necessarily justify reconsideration, particularly where an extension has already been granted and the principle of finality in litigation applies.
Legal authorities cited
Statutes
Case details
- Case number
- 2310231/2024
- Decision date
- 30 May 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No