Cases6001716/2023

Claimant v Circle Health Group Limited

Outcome

Claimant fails

Facts

This is a reconsideration application by the claimant following a judgment dated 5 May 2025 in which the claimant's claims against the respondent healthcare company were rejected. The claimant applied for reconsideration on 29 May 2025, arguing there were inconsistencies in the judgment, new evidence had emerged since the hearing (emails from July 2023), the respondent did not call a witness named Ms Crump, and the tribunal preferred the evidence of Mrs Dorkes over the claimant's evidence.

Decision

Employment Judge McTigue refused the reconsideration application on the papers, confirming the original judgment. The judge found the claimant was attempting to re-litigate matters already fully heard, that any alleged error of law should be dealt with by appeal not reconsideration, that the 'new' evidence had been available at the original hearing, and that there was no reasonable prospect of the judgment being varied or revoked.

Practical note

Reconsideration applications cannot be used as a second bite at the cherry to re-argue a case with different emphasis or to introduce evidence that was available at the original hearing but not presented.

Legal authorities cited

Liddington v 2Gether NHS Foundation Trust UKEAT/0002/16/DA

Case details

Case number
6001716/2023
Decision date
14 May 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
Yes

Claimant representation

Represented
No