Mr M Keats v V12 Retail Finance Limited RECONSIDERATION — 2021

The tribunal treated the claimant’s application dated 1 June 2021 as a request for reconsideration under Rule 70 of the Employment Tribunals Rules of Procedure. The application sought to amend the respondent name back to Secure Trust Bank Group from V12 Retail Finance Limited, on the basis that paragraph 10 of the Case Management Orders sent on 21 May 2021 had finally determined the claimant’s claims against Secure Trust Bank Group.

Reconsideration was refused. The tribunal found there was no reasonable prospect of the original decision being varied or revoked because the matters raised in the application merely repeated the evidence considered at the hearing on 19 May 2021. On that evidence, the tribunal had concluded that V12 Retail Finance Limited was the claimant’s employer, even though it is a subsidiary of Secure Trust Bank PLC and forms part of the Secure Trust Bank group for some purposes, including HR support and policies.

The tribunal also said there was nothing in the claimant’s application or supporting documents that would justify revisiting the decision. It held that the EAT decision in Hyde Housing Association Ltd & others v Layton did not assist the claimant, noting that the case ultimately confirmed that employment remained with the original employer notwithstanding absorption into a larger group.

No substantive discrimination, whistleblowing, unfair dismissal, or remedy determination is recorded in this reconsideration judgment.