Dario Afonso and Others v Twenty-Four Seven Recruitment Services Limited and 5 others — 2017

The first and third respondents applied for reconsideration of the reserved judgment dated 11 July 2017. The third respondent relied on completed assignment sheets for two named employees and submitted that they might affect conclusions about compliance with Regulation 10(1)(a)(i), (ii) and (iii) of the Agency Workers Regulations. The first respondent relied on pay scale documentation for Ms Sacrafamilia Desousa and submitted that it might affect conclusions about remuneration under Regulation 10(1)(a)(i).

The tribunal considered the applications under the Employment Tribunal Rules of Procedure 2013 and noted that they were made within time. It accepted that the documents referred to had not been considered when the original conclusions were reached and that they were relevant to the issues determined.

The applications for reconsideration were granted because the tribunal found it was in the interests of justice to reconsider the conclusions in light of that evidence. The reconsideration did not vary or revoke the outcome or overall judgment, but the reasons supporting the judgment were varied, with the confirmed judgment to stand in substitution for the judgment and reasons previously sent on 21 July 2017.