Cases2215789/2023

Claimant v MAR Facilities Support Services Ltd

27 March 2025Before Employment Judge Woodheadon papers

Outcome

Claimant fails

Individual claims

Whistleblowingfailed

The underlying judgment dated 28 March 2025 dismissed the claimant's complaints of being subjected to detriment for making a protected disclosure. The reconsideration application was refused as it represented attempts to re-argue matters already determined or raised points that should be pursued on appeal, with no reasonable prospect of varying the original decision.

Facts

This is a reconsideration judgment concerning an underlying whistleblowing claim that was dismissed on 28 March 2025. The claimant applied for reconsideration on 11 April 2025 with a 15-page document. The claimant has also appealed to the Employment Appeal Tribunal.

Decision

The judge refused the reconsideration application on preliminary consideration under Rule 70(2), finding no reasonable prospect of varying the original decision. The application either raised points already argued at hearing (which should be pursued on appeal) or attempted to reopen findings of fact without new evidence.

Practical note

Reconsideration applications must show more than disagreement with findings; they require new evidence or significant errors, not a second opportunity to argue the same case differently.

Legal authorities cited

Ministry of Justice v Burton and anor [2016] EWCA Civ 714Flint v Eastern Electricity Board [1975] ICR 395Lindsay v Ironsides Ray and Vials [1994] ICR 384Liddington v 2Gether NHS Foundation Trust EAT/0002/16

Case details

Case number
2215789/2023
Decision date
27 March 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
professional services
Represented
No

Claimant representation

Represented
No