Claimant v G4s Facilities Management (uk) Limited — 2023

The tribunal considered an application under Rule 71 of the Employment Tribunals Rules of Procedure 2013 following a decision on 9 November 2022 dismissing the claimant's claim after emails were taken to show that it had been withdrawn. The claimant said that neither she nor her husband, Mr Baxter, had sent the withdrawal emails from the nominated contact email account.

Employment Judge Ramsden found that the claimant had not shown, on the balance of probabilities, that the emails were not sent by her or on her behalf. The explanation that a former colleague of Mr Baxter had hacked the account and sent the withdrawal emails was found to be improbable and unsupported by cogent evidence. The tribunal noted the content of the emails, including knowledge of County Court procedure and of the claimant's employment setting, and also noted that no evidence was produced from the IT expert or Mr Whiken.

The tribunal held that it was not in the interests of justice to revoke or vary the earlier dismissal of the claim. The application therefore failed and the earlier decision was confirmed.