Mr J Gandhi v Hull University Teaching Hospitals NHS Trust — 2023

The claimant applied on 31 July 2024 for reconsideration of the judgment sent to the parties on 16 March 2023, which had dismissed his claims of direct race discrimination, harassment related to race and victimisation. He relied on later correspondence between Ms Gilchrist and Surrey Physio and said it showed that Ms Gilchrist had undermined his professional reputation and that the respondent's actions were racially motivated.

The tribunal rejected that submission. It found the correspondence showed that Surrey Physio had concerns about the claimant and contacted Ms Gilchrist for information, but that it did not show any link between Ms Gilchrist's actions and the claimant's race or any protected act. The tribunal also said that arguments that it had reached the wrong factual conclusions or got the law wrong were matters for appeal rather than reconsideration.

The application was refused because it was over a year out of time and there was no reasonable prospect of the original decision being varied or revoked. The tribunal noted that post-hearing conduct can justify reconsideration only where it shows the evidence relied on was not reliable and had a high chance of changing the decision, which it found was not the case here.