Mr T Tamponi v Medequip Assistive Technology Limited — 2022

The claimant applied on 20 September 2022 for reconsideration of the case management order of 5 September 2022, which had required the respondent to provide a draft list of issues by 6 January 2023 and the parties to agree that list by 17 February 2023. The tribunal held that reconsideration under rules 70 to 74 of the Employment Tribunals Rules of Procedure 2013 applies to judgments, and that the application could not succeed because the order challenged was a consent order.

The tribunal considered the claimant's points insofar as they could be understood, but did not engage in detail with the proposed list of issues because it considered that it contained lengthy narrative material that was not appropriate for inclusion in a list of issues. It also said that it did not intend to intrude on the parties' discussions about the contents of the list, given that those discussions were to be concluded by 17 February 2023.

On the claimant's comments about burden of proof, the tribunal stated that his view that the burden on fairness of dismissal should remain on the respondent was incorrect, because the burden was neutral. It also stated that, in relation to discrimination, the initial burden is on the claimant and may then shift to the respondent. The application for reconsideration was therefore refused as not competent, and the claimant's complaint about the issues was rejected.