Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal found procedural defects in the respondent's dismissal procedure but concluded that the dismissal as a whole was not unfair. The claimant's reconsideration application challenging this finding was refused.
The tribunal decided on the facts that alleged racial words were not used. The claimant alleged harassment related to race on 8 July incident but the tribunal rejected this claim.
The tribunal found that the alleged words relied upon for harassment were not used. The tribunal also considered whether the 8 July incident constituted harassment related to race even without the alleged words and concluded it did not.
The claimant raised section 15 discrimination arising from disability but the tribunal addressed the complaints presented and rejected them. Claims also failed on time limits.
The tribunal explained what reasonable adjustments complaint it was addressing and why it failed. Claims also failed on time limits.
Facts
The claimant brought claims of unfair dismissal, race discrimination, harassment and disability discrimination against Royal Mail. The tribunal dismissed all claims, finding the dismissal was not unfair despite some procedural defects, and that alleged racial harassment did not occur. The claimant was suspended on 4 February 2023 in connection with alleged misconduct involving amendment of a leave form. Some claims also failed on time limit grounds.
Decision
The tribunal refused the claimant's reconsideration application on the basis it had no reasonable prospects of success. The application was an attempt to re-litigate matters already determined, and included new evidence that should have been presented at the original hearing. The tribunal confirmed its findings that the dismissal was not unfair and that alleged discriminatory words were not used.
Practical note
A reconsideration application will be refused where it amounts to no more than an attempt to re-argue the case or introduce evidence that could and should have been presented at the original hearing, particularly where the applicant was a litigant in person given adequate time to prepare.
Legal authorities cited
Statutes
Case details
- Case number
- 3309413/2023
- Decision date
- 3 March 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
Claimant representation
- Represented
- No