Claimant v OCS Group UK Limited
Outcome
Individual claims
The claimant applied for reconsideration arguing procedural unfairness, but the tribunal found the original hearing was conducted fairly. The issues before the tribunal were whether there was a fair reason for dismissal and whether it was fair in all the circumstances, and these were properly determined.
Facts
The claimant was dismissed following an absence from work related to an accident at work. She brought an unfair dismissal claim and was represented by a lay representative at a three-day hearing. The claimant required an interpreter as English was not her first language. The hearing was converted to hybrid format to accommodate the claimant's remote attendance. On the third day, the claimant did not attend due to ill health but her representative attended and received judgment.
Decision
The tribunal refused the claimant's reconsideration application, finding no reasonable prospect of varying or revoking the original judgment. The judge found that the hearing had been conducted fairly, with appropriate assistance given to the lay representative, proper interpretation services provided, and procedural accommodations made for the claimant's circumstances including hybrid attendance.
Practical note
Tribunals will refuse reconsideration applications based on procedural fairness arguments where the judge demonstrably ensured equality of arms, assisted unrepresented parties, and made reasonable adjustments including interpreter services and hybrid hearing arrangements.
Legal authorities cited
Case details
- Case number
- 2409214/2023
- Decision date
- 1 April 2025
- Hearing type
- reconsideration
- Hearing days
- 3
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
Claimant representation
- Represented
- Yes
- Rep type
- lay rep