Cases6000762/2023

Claimant v Barnwood Trust

4 March 2025Before Employment Judge Beeveron papers

Outcome

Claimant fails

Facts

The claimant brought claims against Barnwood Trust which proceeded to a full merits hearing in February 2025. The written judgment was sent on 6 March 2025. The claimant applied for reconsideration on 20 March 2025, arguing that the respondent had failed to disclose relevant documents (specifically text messages between the claimant and NM from February 2023) and that the tribunal had made errors in its findings of fact and legal reasoning.

Decision

The tribunal refused the reconsideration application. The tribunal found that the claimant had not shown that the new evidence could not have been obtained with reasonable diligence at trial, and that the content was not material to the outcome. The tribunal also rejected the claimant's challenges to its findings of fact, holding that these were attempts to re-argue the case rather than demonstrate grounds for reconsideration. The tribunal applied the principle of finality in litigation and the interests of justice.

Practical note

Reconsideration applications must demonstrate either genuinely new evidence that could not have been obtained earlier and would materially affect the outcome, or clear errors of law; mere disagreement with findings of fact made after a fair hearing will not succeed.

Legal authorities cited

Ladd v Marshall [1954] 1 WLR 1489Flint v Eastern Electricity Board [1975] ICR 395Ebury Partners UK Ltd v Acton Davis [2023] IRLR 486Phipps v Priory Education Services Ltd [2023] EWCA Civ 652Outasight VB Ltd v Brown UKEAT/0253/14

Statutes

Employment Tribunal Procedure Rules 2024 Rule 2Employment Tribunal Procedure Rules 2024 Rule 70

Case details

Case number
6000762/2023
Decision date
4 March 2025
Hearing type
reconsideration
Hearing days
5
Classification
procedural

Respondent

Sector
charity
Represented
Yes

Claimant representation

Represented
No