Outcome
Individual claims
This is a reconsideration application judgment relating to a previous full merits hearing at which all the claimant's claims were dismissed. The claimant's application for reconsideration of that judgment, or variation of earlier orders, was refused as it was misconceived regarding the applicable rules and would not be in the interests of justice.
Facts
The claimant brought discrimination claims against Goom Electrical Limited. At a full merits hearing on 14-15 April 2025, all claims were dismissed. The respondent had applied to strike out the claims on day 1 which was dismissed for procedural reasons. The claimant then applied on 8 May 2025 to set aside or reconsider various orders and the judgment, citing rule 38(2) and alleging issues with the respondent's compliance with tribunal orders regarding bundles and witness statements.
Decision
The tribunal refused the claimant's reconsideration application. The judge found the application was misconceived as it related to case management orders (not subject to rule 68 reconsideration) rather than the final judgment. The tribunal found no grounds to vary or revoke earlier orders as both parties had been able to participate fully in the hearing, give evidence and make submissions, and the claimant had not indicated inability to proceed.
Practical note
Reconsideration applications must identify the correct procedural rules and be directed at judgments rather than case management orders; a party's ability to participate fully in proceedings will weigh against reconsideration of procedural decisions.
Legal authorities cited
Statutes
Case details
- Case number
- 3312714/2022
- Decision date
- 25 April 2025
- Hearing type
- reconsideration
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No