Outcome
Individual claims
This is a reconsideration application which was refused. The underlying judgment (not provided) found against the claimant on race discrimination claims. Unison had advised there was no identifiable comparator and insufficient evidence that mistreatment was race-related. The tribunal refused to reconsider, finding no reasonable prospect of varying the original decision.
The claimant sought to add additional sexual harassment allegations which were refused. The underlying claims included harassment which Unison advised had insufficient evidence to show was related to race. The reconsideration application relating to these claims was refused as having no reasonable prospect of success.
Facts
This is a reconsideration application following a judgment sent to parties on 9 December 2024. The claimant, who was unrepresented at the final hearing after her previous solicitors (Lyons Davidson) ceased acting, applied substantially out of time for reconsideration. She cited health struggles, bereavement, IT issues, and alleged factual errors. Her former solicitors had warned she would likely lose and face costs exceeding £120,000. Unison had previously declined to support the claim, finding no viable comparator for race discrimination and insufficient evidence for harassment.
Decision
The tribunal refused the reconsideration application under rule 70, finding no reasonable prospect of the original decision being varied or revoked. The matters raised were either dealt with as case management issues during the hearing or could have been raised at the time. Allowing reconsideration would contravene the principle of finality in litigation. The correspondence with former solicitors and Unison supported rather than undermined the original decision.
Practical note
Reconsideration applications must show a reasonable prospect of success and cannot simply re-litigate case management decisions or raise matters that could and should have been addressed at the original hearing, as the principle of finality is paramount.
Legal authorities cited
Case details
- Case number
- 1401810/2022
- Decision date
- 3 December 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- ZU
- Sector
- —
- Represented
- Yes
Claimant representation
- Represented
- No