Cases2216370/2023

Claimant v PGMBM Law Ltd

4 March 2025Before Employment Judge A M SnelsonLondon Centralremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

Tribunal held the complaint was not well founded on the merits, and additionally the claim was presented out of time such that the tribunal had no jurisdiction to consider it.

Direct Discrimination(sex)failed

Tribunal held the complaint was not well founded on the merits, and additionally the claim was presented out of time such that the tribunal had no jurisdiction to consider it.

Failure to Make Reasonable Adjustments(disability)failed

Tribunal held the complaint was not well founded on the merits, and additionally the claim was presented out of time such that the tribunal had no jurisdiction to consider it.

Victimisationfailed

Tribunal held the complaint was not well founded on the merits, and additionally the claim was presented out of time such that the tribunal had no jurisdiction to consider it.

Breach of Contractfailed

Tribunal held the complaint was not well founded on the merits, and additionally the claim was presented out of time such that the tribunal had no jurisdiction to consider it.

Facts

The claimant brought claims of disability and sex discrimination, failure to make reasonable adjustments, victimisation, and breach of contract against her former employer, a law firm. After a six-day merits hearing, the tribunal dismissed all claims as not well founded and also ruled it had no jurisdiction as all claims were presented out of time. The claimant applied for reconsideration of that judgment.

Decision

Employment Judge Snelson refused the claimant's reconsideration application on the basis that there was no reasonable prospect of the judgment being varied or revoked. The judge held that the application amounted to little more than disagreement with the tribunal's decision and did not identify any material error or misunderstanding, and that the principles of finality in litigation and the overriding objective argued against reconsideration.

Practical note

Reconsideration applications will be refused where they amount to no more than disagreement with a tribunal's decision and fail to identify material errors, especially where claims have been comprehensively considered at a full merits hearing.

Legal authorities cited

Outasight VB Ltd v Brown [2015] ICR D11TH White & Sons Ltd v Ms K White UKEAT/0022/21Shaw v Intellectual Property Office UKEAT/0196/20

Case details

Case number
2216370/2023
Decision date
4 March 2025
Hearing type
reconsideration
Hearing days
6
Classification
procedural

Respondent

Sector
legal services
Represented
Yes

Claimant representation

Represented
No