Claimant v Commerzbank AG and Others — 2023

Employment Judge Joffe refused the claimant’s application dated 3 March 2023 for reconsideration of the Judgment and deposit orders sent to the parties on 23 February 2023. The tribunal held that there was no reasonable prospect of the original decision being varied or revoked.

The judge rejected the argument that the outcome of the appeals against the Snelson Tribunal decisions would affect the conclusions reached on strike out. The judgment says that only the ground of appeal that had passed the sift concerned whether an anonymity order should be lifted, not any challenge to the substantive findings of the Snelson Tribunal, so there was no basis for that appeal to alter the strike-out conclusions.

The tribunal also rejected the claimant’s reliance on witness statements said to show that the training modules produced certificates of completion. The judge stated that the reasons for making the deposit order did not depend on whether training certificates existed, and that the strike out / deposit order hearing was not a mini trial. The judgment also records that minor inaccuracies in the original judgment, including a typo and an error in a witness’s name, were regrettable but made no material difference to the decision, and that the judge’s prior involvement in two other claims involving the same respondent made no difference to the outcome here.