Claimant v Ian Ambrose
Outcome
Individual claims
The claimant failed in her contention that she was a disabled person at the material time. The burden of proof was on the claimant to show that the effects of her impairment met the test in section 6 and schedule 1 of the Equality Act 2010, but she presented very little evidence to support this. The tribunal found insufficient evidence regarding day-to-day effects and contemporaneous evidence of disability status.
Facts
This is a reconsideration application by the claimant following a preliminary hearing judgment sent on 14 October 2024 which dismissed her disability discrimination claim. The claimant had applied for reconsideration on 28 October 2024, arguing inadequate reasonable adjustments were made at the fifth preliminary hearing and that insufficient weight was given to evidence of her disability. The tribunal had found at the original preliminary hearing that the claimant failed to establish she was a disabled person at the material time under the Equality Act 2010.
Decision
Employment Judge Batten refused the reconsideration application on the papers under Rule 72(1), finding no reasonable prospect of the original decision being varied or revoked. The judge found that reasonable adjustments had been properly reviewed and implemented at multiple preliminary hearings, that regular breaks were taken, and that the claimant had presented very little contemporaneous evidence to support her disability status. The application was essentially an attempt to re-litigate rather than identifying any error of law or procedural mishap.
Practical note
Reconsideration applications cannot be used to re-argue a case with different emphasis or to present evidence available at the original hearing — finality in litigation is a key principle and the claimant bears the burden of proving disability status with contemporaneous evidence.
Legal authorities cited
Statutes
Case details
- Case number
- 2407961/2022
- Decision date
- 22 March 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Ian Ambrose
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No