Claimant v British Airways Plc
Outcome
Individual claims
The tribunal previously found that the employer had a genuine belief in the employee's guilt on reasonable grounds after a reasonable investigation, and acted within the band of reasonable responses. The claimant's reconsideration application attempting to challenge these findings was refused as it merely sought to re-argue the same matters.
Facts
The claimant's unfair dismissal claim was dismissed at a previous hearing. The tribunal found the employer had a genuine belief in guilt following a reasonable investigation and acted within the band of reasonable responses. The claimant applied for reconsideration 11 days after judgment was sent, alleging the tribunal avoided addressing points and made factual errors.
Decision
The reconsideration application was refused under rule 70(2) as having no reasonable prospect of success. The judge found the grounds were merely attempts to re-litigate matters already determined, challenge factual findings, or introduce evidence that could have been presented at the original hearing. No error of law or procedural error was identified.
Practical note
Reconsideration applications cannot be used to re-argue the same case or challenge factual findings simply because a party disagrees with them; finality of litigation is a core principle requiring clear justification to overcome.
Legal authorities cited
Statutes
Case details
- Case number
- 3314220/2023
- Decision date
- 5 December 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
Claimant representation
- Represented
- No