Claimant v Circle Health Group Limited
Outcome
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
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