Mr S A Barker v Respondent — 2019

Employment Judge Brain considered the claimant's email application for reconsideration, sent on 27 August 2019, against the judgment promulgated on 15 August 2019. The judge applied Rule 70 and asked whether there were reasonable prospects of the judgment being varied or revoked in the interests of justice.

The tribunal held that the claimant's 11-page application was discursive and did not identify any procedural mishap affecting fairness or any error of law. It also noted that the claimant had sought to introduce new evidence and had attempted to challenge the judgment by a detailed criticism of findings of fact, which was not the function of reconsideration.

The judge said that the original judgment had correctly identified the relevant permitted reason for dismissal, namely redundancy arising from reorganisation, and had found that the respondent's procedure was reasonable and within the range of reasonable responses open to a reasonable employer. On that basis, the tribunal found there were no reasonable prospects of the judgment being varied or revoked and dismissed the reconsideration application.