Mr O Ogunbayo v Royal Mail Group Limited — 2023

The Tribunal considered the claimant's application dated 27 April 2023 for reconsideration of the reserved judgment sent to the parties on 13 April 2023. The earlier reserved judgment concerned preliminary issues, including whether the claimant should be allowed to amend his claim, whether the claim should be struck out as an abuse of process or because it had no real prospect of success, and whether a deposit order should be made.

The Tribunal found that the reconsideration application was made in time and waived the procedural requirement that the claimant copy it to the respondent. It then considered whether there was any reasonable prospect of the original decision being varied or revoked. The claimant said the judge had not fully understood his explanation and that he had been unable to evidence his complaint appropriately because documents relating to dismissal were not in the hearing bundle.

The Tribunal held that the claimant had been given the opportunity to clarify and explain his complaints at the preliminary hearing and had not indicated that he wished to pursue the complaints listed in the reconsideration application. It found that the application did not identify the additional documents, explain why the claimant had not provided them himself, or explain their relevance to the preliminary issues. The Tribunal concluded that it was not in the interests of justice to give the claimant a second opportunity to argue the case and refused reconsideration because there was no reasonable prospect of the judgment, or any part of it, being varied or revoked.