Claimant v Royal London Mutual Insurance Society
Outcome
Individual claims
This judgment addresses only a reconsideration application for an interim relief hearing held on 29 January 2024. The interim relief application was refused, with judgment sent on 8 February 2024. The claimant's reconsideration application was rejected on the basis that there was no reasonable prospect of the original decision being varied or revoked, and it was not necessary in the interests of justice to reconsider. The underlying whistleblowing claim remains to be determined at a final hearing.
Facts
The claimant applied for interim relief under s.128 ERA 1996 in connection with a whistleblowing claim. The interim relief application was heard on 29 January 2024 and refused, with detailed written reasons sent on 8 February 2024. The claimant applied for reconsideration on 23 February 2024, arguing the tribunal had failed to properly consider victimisation for protected disclosures in the context of redundancy, that the respondent's witness statements showed bias, and that he was prejudiced by late service of evidence. The claimant also made serious allegations about the judge's competence and bias.
Decision
Employment Judge Aspinall refused the reconsideration application on the papers. The judge found that grounds 1-3 related to matters already fully addressed in the detailed reasons for refusing interim relief. There was no new material that could affect the outcome. The claimant's allegations of bias and incompetence at ground 4 disclosed no basis for reconsideration. There was no reasonable prospect of the original decision being varied or revoked, and reconsideration was not necessary in the interests of justice.
Practical note
Reconsideration applications must show new material or exceptional circumstances; disagreement with the tribunal's decision or re-arguing matters already determined will not satisfy the interests of justice test.
Legal authorities cited
Statutes
Case details
- Case number
- 2413688/2023
- Decision date
- 29 January 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- Yes
Claimant representation
- Represented
- No