Mrs A Putt v Hillary’s Coachworks Ltd — 2022

This judgment concerned the respondent's application dated 8 July 2022 for reconsideration of the tribunal's earlier judgment sent on 7 June 2022. The judge noted that the application was received more than two weeks after the 14-day time limit, and no explanation was offered for that delay. The tribunal treated the application as an application for reconsideration under Rule 72 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013, and also as a reconsideration of the reconsideration judgment, because it was unclear which order was being challenged.

The tribunal refused the application because it did not have any reasonable prospect of resulting in the original decision being varied or revoked. The judge said the respondent's explanation remained unsatisfactory on reconsideration and that the new application appeared to shift blame to the former representative after a further unexplained delay. The tribunal also accepted that the claimant had already waited since April 2021 for the matter to progress, and that the further delay caused prejudice to her.

The judge rejected the respondent's account that it had received the ET1 and covering documents but not the notice of claim. The tribunal found that explanation less than convincing, noted that no proof of receipt had been produced for the purported email to London Central Employment Tribunals on 26 May 2021, and observed that the respondent took no further steps until receipt of the Rule 21 judgment sent on 7 April 2022. The application was therefore refused on the basis that there were no special reasons to allow it.

The judgment ended by noting that the respondent would be sent notice of the forthcoming remedy hearing and would be allowed to participate to the extent permitted by the Employment Judge on the day.