Ms L Jiang v Les Ambassadeurs Club Ltd — 2020

On 20 October 2020 Employment Judge Quill refused Ms Jiang's application dated 10 March 2020, sent by email on 12 March 2020, for reconsideration of the judgment sent to the parties on 26 February 2020. The tribunal said the new evidence mentioned could have been obtained in time for the original hearing. It also said that medical evidence had already been considered, and that it had found Ms Jiang met the definition of disability within the meaning of the Equality Act 2010. The tribunal noted that she had been a litigant in person with support from her husband, and that breaks were available during the hearing.

The tribunal said the reconsideration application misquoted paragraph 130. It restated its conclusion that the dismissal was because of absence, but the absence was not because of disability. In the tribunal's view, further investigation by the appeal officer was unlikely to produce evidence showing that the failure to attend work on 26 April 2017 was caused by disability, and Ms Jiang had not satisfied the tribunal that her absence from work was something which arose in consequence of her disability. The tribunal also said the ACAS early conciliation issue had been addressed and did not prevent it dealing with the substantive issues on their merits, and that its reasoning remained as set out in the written reasons.