Claimant v Hill Group Services Ltd

Outcome

Facts

This is a reconsideration application made by the claimant three years after a preliminary hearing judgment in October 2021 concerning the commencement date of her employment. The claimant sought to introduce fresh evidence from a witness, Bina Solanki, whose evidence concerned matters directly within the claimant's own knowledge. A previous preliminary hearing had determined that the contract commenced on 24 September 2018, following an offer letter dated 13 September 2018 and approvals obtained on 10-11 September 2018.

Decision

Employment Judge Quill refused the reconsideration application as having no reasonable prospects of success. The application failed the Ladd v Marshall test because the evidence could have been obtained with reasonable diligence for the original hearing, and it would not have affected the outcome as it could not have led to an employment start date earlier than the September 2018 approvals already considered by the original judge.

Practical note

Legal authorities cited