Claimant v Lidl Great Britain Limited
Outcome
Individual claims
The tribunal found the claimant was not constructively and unfairly dismissed. The original judgment applied Omilaju v Waltham Forest and made findings that the respondent's conduct did not breach the implied term of trust and confidence. The tribunal specifically considered the suspension and found no evidence it was a knee-jerk reaction. The reconsideration application simply sought to re-argue the same evidence and grounds already considered at the full merits hearing.
Facts
The claimant resigned from his employment with Lidl and claimed constructive dismissal. He was suspended during a disciplinary investigation and raised various concerns about the investigation process, treatment compared to others, alleged privacy violations, and health and safety matters. The original tribunal heard full evidence from both parties including cross-examination and found the claimant was not constructively dismissed. The claimant applied for reconsideration within 14 days of the original judgment dated 5 December 2024.
Decision
The judge refused the reconsideration application on the basis there was no reasonable prospect of varying or revoking the original decision. All matters raised by the claimant in his reconsideration application were either considered at the original hearing or could have been raised through witness evidence, cross-examination or submissions. The application amounted to an attempt to re-argue the same case rather than identifying new evidence or error of law.
Practical note
A reconsideration application must identify grounds beyond mere disagreement with the tribunal's findings — a party cannot use reconsideration to re-argue evidence that was or could have been presented at the original hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 1405571/2023
- Decision date
- 21 November 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
Claimant representation
- Represented
- No