Outcome
Individual claims
The tribunal found that no claim of race discrimination was brought in the original claim form. The claimant's application to amend was refused. The remaining claim was found to be one which the tribunal has no jurisdiction to hear and was struck out for having no reasonable prospect of success.
Facts
The claimant was dismissed on 24 April 2024 and filed a claim on 3 October 2024 which was out of time. A preliminary hearing on 14 April 2025 found that no claim of race discrimination was brought in the original claim form, refused the application to amend, and struck out the remaining claim for having no reasonable prospect of success and being outside tribunal jurisdiction. The claimant applied for reconsideration on 7 May 2025, submitting 37 pages of application documents and 22 pages of skeleton argument, arguing new evidence, procedural unfairness as a litigant in person, and misapplication of law.
Decision
Employment Judge Power refused the reconsideration application, finding no reasonable prospect of the judgment being varied or revoked. The purported new evidence failed the Ladd v Marshall test as it could have been obtained with reasonable diligence for the original hearing and would not have changed the outcome. The claimant was given appropriate assistance as a litigant in person, and the other grounds were attempts to re-litigate matters already determined.
Practical note
A reconsideration application is not an opportunity to re-litigate issues or introduce evidence that was available at the original hearing but not presented; new evidence must meet the Ladd v Marshall test.
Legal authorities cited
Statutes
Case details
- Case number
- 6013790/2024
- Decision date
- 22 April 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Jet2.com Limited
- Sector
- transport
- Represented
- Yes
Claimant representation
- Represented
- No