Cases2216259/2023

Claimant v Michael Van Clarke LLP

27 February 2025Before Employment Judge Jonathan GidneyLondon Centralon papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The original judgment dismissed this claim. The reconsideration application was refused because there was no reasonable prospect of varying the original decision, and the claimant essentially sought to reargue the case without identifying any proper basis for reconsideration.

Direct Discrimination(race)failed

The original judgment dismissed this claim. The reconsideration was refused as the claimant did not identify any error of law or procedural irregularity, but merely sought a second opportunity to present arguments already heard and determined.

Harassment(race)failed

The original judgment dismissed this claim. The tribunal noted that the claimant confirmed during the hearing that late night communications referred only to messages from Luis Ventura on 25 August 2023. The reconsideration application did not establish grounds to vary the decision.

Victimisationfailed

The original judgment dismissed this claim. The claimant sought to reargue the victimisation claim in the reconsideration application without identifying any basis for reconsidering it. The tribunal found no reasonable prospect of varying the decision.

Holiday Payfailed

The original judgment dismissed this claim. The reconsideration application did not provide grounds to disturb the original finding, and the claimant's employment status determination (which affected all claims) was upheld.

Breach of Contractfailed

The original judgment dismissed this claim. The reconsideration was refused as the claimant failed to establish any error or oversight that would warrant revisiting the decision.

Unlawful Deduction from Wagesfailed

The original judgment dismissed this claim. The tribunal found no basis in the reconsideration application to vary the original decision, particularly given the determination regarding the claimant's worker status.

Breach of Contractfailed

The original judgment dismissed this claim. The reconsideration application was refused because the claimant did not identify any proper grounds for reconsideration beyond seeking to reargue matters already fully ventilated at the original hearing.

Facts

The claimant brought multiple claims including unfair dismissal, race discrimination, harassment, victimisation, and various contractual/wage claims, all of which were dismissed at a liability hearing on 27 February 2025. A key issue was the claimant's employment status, with the tribunal finding she was not an employee based on factors including a right of substitution in a 2019 Profit Share letter. The claimant applied for reconsideration on 10 April 2025, essentially asking the tribunal to reconsider all evidence and submissions.

Decision

Employment Judge Gidney refused the reconsideration application, finding no reasonable prospect of the original decision being varied or revoked. The judge held that the claimant was essentially seeking to reargue her case without identifying any proper basis for reconsideration such as administrative error, procedural unfairness, or new evidence. The principles of finality of litigation and not giving a losing party a 'second bite of the cherry' were applied.

Practical note

Reconsideration applications must identify a specific error, oversight, or new evidence rather than merely seeking to reargue a fully-ventilated case; employment status determinations turning on contractual rights of substitution are unlikely to be disturbed on reconsideration.

Legal authorities cited

Trimble v Supertravel Ltd [1982] IRLR 451Newcastle Upon Tyne City Council v Marsden [2010] ICR 743Phipps v Primary Education Services Limited [2023] EWCA Civ 652

Statutes

EqA 2010 s.9ERA 1996 s.98(4)EqA 2010 s.27EqA 2010 s.26EqA 2010 s.13

Case details

Case number
2216259/2023
Decision date
27 February 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
Yes

Claimant representation

Represented
No