Claimant v Amazon UK Services Limited
Outcome
Individual claims
This was an application for reconsideration of a judgment dated 7 February 2025 dismissing the claimant's unfair dismissal claim. The tribunal had found the respondent acted reasonably in dismissing the claimant based on LENEL reports, applying the British Home Stores v Burchell test. The reconsideration was refused as the claimant's new evidence failed the Ladd v Marshall test and would not have changed the outcome.
Facts
The claimant was dismissed by Amazon based on LENEL system reports which she did not challenge at the time. Following a tribunal hearing on 7 February 2025 which dismissed her unfair dismissal claim, she applied for reconsideration on 25 February 2025, arguing the LENEL system contained errors. The original tribunal had found the respondent acted reasonably in relying on the LENEL reports when dismissing the claimant.
Decision
Employment Judge G. King refused the reconsideration application on the papers on 14 April 2025, finding no reasonable prospect of varying or revoking the original judgment. The purported new evidence failed the Ladd v Marshall test as it could have been obtained for the original hearing and would not have changed the outcome, given the tribunal's function was to assess whether the dismissal was reasonable under the Burchell test, not to determine the accuracy of the LENEL reports.
Practical note
Applications for reconsideration based on new evidence must satisfy the Ladd v Marshall test, and in unfair dismissal cases the tribunal assesses the reasonableness of the employer's conduct at the time of dismissal, not whether the employer's factual findings were objectively correct.
Legal authorities cited
Statutes
Case details
- Case number
- 3201620/2024
- Decision date
- 7 February 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No