Claimant v Freelancer & Contractor Services Association and Others — 2022

This decision concerns an application for reconsideration of an earlier preliminary-hearing ruling dated 28 April 2022, attended by the claimant in person and counsel for the first, fourth and fifth respondents. In that original ruling, the tribunal struck out the claims against the first and fifth respondents under Rule 37(1)(a) of the Employment Tribunal Rules of Procedure 2013 on the basis that they had no reasonable prospect of success, and dismissed the claim against the fourth respondent because the tribunal had no jurisdiction to consider it, it being time-barred.

After the claimant emailed on 29 April 2022 challenging the decision, alleging that it was false and misleading and saying that there had been bias, the judge considered whether there was any proper basis to recuse himself. Having consulted the Regional Employment Judge for London Central, he decided there was no proper basis, retained involvement in the proceedings, and later heard the first and fifth respondents' costs application on 20 June 2022.

On reconsideration under Rules 70 to 72, the judge found that the original reasons did not contain false or misleading comments and that there was no reasonable prospect of the decision being varied or revoked. The application for reconsideration was therefore refused under Rule 72(1). The extract does not set out the substantive merits findings of the original claims, only their procedural disposal at preliminary hearing and on reconsideration.