Claimant v Cumberland Council
Outcome
Individual claims
Tribunal found that respondent did not breach the implied term of trust and confidence regarding flexible working refusals. Even if there had been a breach, the claimant had affirmed the contract. The tribunal also found the respondent's actions were not the cause of the claimant's resignation.
Claims regarding incidents in 2018 and 2019 failed on time limit grounds. For later allegations regarding flexible working in May 2020 and November 2022, tribunal found claimant had not proven facts to shift the burden of proof, and in the alternative found the respondent's reasons were not discriminatory.
Facts
This is a reconsideration judgment relating to a previous dismissal of the claimant's claims. The claimant had brought claims of constructive dismissal and race discrimination arising from two flexible working refusals and an incident involving a food bank in 2018. The original tribunal found that the respondent did not breach the implied term of trust and confidence, the claimant had affirmed the contract, and discrimination claims relating to 2018/2019 incidents were out of time.
Decision
The tribunal refused the claimant's application for reconsideration on preliminary consideration under rule 70(2). The judge found no reasonable prospect of the original decision being varied or revoked. The claimant's arguments were attempts to re-litigate factual findings or introduce new evidence not presented at the original hearing, contrary to principles of finality in litigation.
Practical note
Reconsideration applications must identify clear errors or new evidence that could not have been presented at the original hearing; attempts to re-argue factual findings or introduce evidence that could have been presented earlier will be refused on preliminary consideration.
Legal authorities cited
Case details
- Case number
- 2405891/2023
- Decision date
- 31 January 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
Claimant representation
- Represented
- No