Cases2302773/2024

Claimant v Happy Kombucha Ltd

Outcome

Claimant fails

Facts

This is a reconsideration judgment following a full merits hearing on 13-14 January 2025. The claimant's claims were dismissed at that hearing. The claimant applied for reconsideration on 16 February 2025 via email with a three-page document. The application essentially restated arguments already made at the hearing without presenting new evidence or identifying matters not addressed in the original judgment.

Decision

The tribunal refused the reconsideration application under Rule 70(2) finding no reasonable prospect of the original decision being varied or revoked. The claimant's application sought to re-litigate matters already considered rather than identifying new evidence or addressing matters not previously dealt with. The tribunal emphasized the importance of finality in litigation.

Practical note

A reconsideration application must identify new evidence or demonstrate that significant matters were not addressed; it cannot simply reargue the same points with different emphasis.

Legal authorities cited

Liddington v 2Gether NHS Foundation Trust EAT/0002/16Ministry of Justice v Burton [2016] EWCA Civ 714Flint v Eastern Electricity Board [1975] ICR 395Lindsay v Ironsides Ray and Vials [1994] ICR 384

Statutes

Employment Tribunal Procedure Rules 2024

Case details

Case number
2302773/2024
Decision date
14 January 2025
Hearing type
reconsideration
Hearing days
2
Classification
procedural

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No