Case 1400952/2018 · Employment Tribunal
Mr C Scully v AND Digital Communication Systems Limited — 2018
- Case reference
- 1400952/2018
- Decision date
- 27 December 2018
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr C Scully
Key findings
Tribunal's reasoningThe tribunal sat in chambers at Plymouth on 9 January 2019 to determine the respondent's application for reconsideration of the reserved judgment dated 12 December 2018, which had been sent to the parties on 27 December 2018. The application was found to be within the 14-day time limit in Rule 71 of the Employment Tribunals Rules of Procedure 2013.
Employment Judge N J Roper held that the matters advanced by the respondent simply revisited findings of fact and legal submissions that had already been considered on the evidence before the tribunal. The judgment applied Rule 70's interests of justice test together with the overriding objective and the need for finality in litigation, citing Trimble v Supertravel Ltd, Fforde v Black, Williams v Ferrosan Ltd, and Newcastle Upon Tyne City Council v Marsden. Reconsideration was refused under Rule 72(1) because there was no reasonable prospect of the earlier decision being varied or revoked. This judgment did not alter the underlying reserved decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Respondent's application for reconsideration of the reserved judgment dated 12 December 2018 was refused under Rule 72(1); the tribunal found no reasonable prospect of the decision being varied or revoked. | Dismissed | — | — |
Legal tests applied
7 references- Rule 70 interests of justice
- Rule 71 time limit
- Rule 72(1) no reasonable prospect of variation or revocation
- Trimble v Supertravel Ltd [1982] ICR 440
- Fforde v Black EAT 68/80
- Williams v Ferrosan Ltd [2004] IRLR 607 EAT
- Newcastle Upon Tyne City Council v Marsden [2010] IRLR 743
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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