Claimant v Havering Care Provider Group Ltd
Outcome
Individual claims
This claim was agreed as an issue at the preliminary hearing on 27 March 2024 and remains part of the proceedings. The substantive merits have not yet been determined.
The claimant's application to amend to add discrimination arising from disability was refused at the preliminary hearing on 11 March 2025. The tribunal considered the balance of injustice, the fact that the claimant had opportunities to clarify issues at previous hearings, and concerns about the manner of litigation. The reconsideration application was also refused as there was no reasonable prospect of varying the decision.
Facts
The claimant brought discrimination claims against a healthcare provider. At a preliminary hearing on 27 March 2024, her claim for harassment related to disability was agreed as an issue, but discrimination arising from disability was not. Following that hearing, the claimant applied to amend her claim to add two additional respondents and discrimination arising from disability. This amendment application was refused at a preliminary hearing on 11 March 2025, and the claimant then applied for reconsideration of that refusal.
Decision
The tribunal refused the reconsideration application. Employment Judge Comfort found there was no reasonable prospect of the judgment being varied or revoked, and it was not in the interests of justice to reconsider. The judge had properly applied the law on amendments, considering the balance of hardship, the existing harassment claim, the opportunities the claimant had to clarify issues at previous hearings, and concerns about how the case had been litigated.
Practical note
Reconsideration applications require more than disagreement with the decision; there must be a genuine basis suggesting the interests of justice require revisiting the judgment, and tribunals will protect the principle of finality in litigation.
Legal authorities cited
Statutes
Case details
- Case number
- 3202043/2023
- Decision date
- 25 March 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
Claimant representation
- Represented
- No