Claimant v Cumberland Council

Outcome

Facts

This is a reconsideration judgment. The claimant's underlying claims had been struck out under rule 38(1)(e) after she failed to attend on the second day of a scheduled 7-day hearing beginning 13 January 2025. The tribunal proceeded in her absence because they had already heard her arguments and did not know when she would return. The claimant applied for reconsideration on 17 January 2025, providing additional medical information about her IBD (inflammatory bowel disease) and other conditions. The tribunal accepted her medical conditions were genuine but had been concerned about lack of corroboration to understand how impairments would affect the proceedings.

Decision

Employment Judge Tobin refused the reconsideration application under rule 70(2), finding no reasonable prospect of varying or revoking the original strike-out decision. The additional medical information provided would not have changed the tribunal's conclusion that a fair hearing was no longer possible. The judge emphasised the importance of finality in litigation and that reconsideration is not an opportunity to re-litigate or provide a second bite at the cherry.

Practical note

Legal authorities cited