Claimant v Grovewise Consultants Ltd trading as Forte Reliable Staffing Agency & Best Recruitment

Outcome

Facts

This is a reconsideration application by the first respondent following a judgment dated 20 May 2024 refusing to strike out the claimant's claim. The respondent applied for reconsideration on 18 July 2024, asserting that it had withdrawn its skeleton argument on the judge's advice and was surprised it was referred to in the written reasons. The respondent sought to introduce new arguments to replace the skeleton argument.

Decision

Employment Judge Dawson dismissed the reconsideration application. The judge had no recollection of advising the withdrawal of the skeleton argument, and noted that even if the skeleton argument should have been disregarded, it would not have led to a different outcome. The judge held that it was inappropriate to use reconsideration to advance new arguments that could have been raised at the original hearing, applying the principle of finality.

Practical note

Legal authorities cited