Mr F Hombarume v Tees, Esk and Wear Valleys NHS Foundation Trust — 2021

By email dated 6 October 2021, Mr Hombarume sought reconsideration of the tribunal judgment that had been sent to the parties on 23 September 2021. The earlier judgment, as summarised in this decision, had dismissed his complaints that Tees Esk and Wear Valleys NHS Foundation Trust discriminated against him and unfairly and wrongfully dismissed him.

Employment Judge Aspden treated the application under the reconsideration rules and said that the issue was whether there was any reasonable prospect of the original decision being varied or revoked. The judge recorded that reconsideration is not an opportunity to re-litigate matters already determined, and that finality of litigation is a relevant public interest factor.

The reasons state that the claimant's application was, in substance, a disagreement with the tribunal's assessment of the evidence and an attempt to reargue the case. The judge noted that Mr Hombarume had been represented by Mr Ekinu at the hearing, and that the points now advanced were substantially the same as those made at the hearing and taken into account in reaching the original decision.

Relying on the principles in Rule 70 and the reconsideration process under Rule 71, together with Flint v Eastern Electricity Board and Liddington v 2Gether NHS Foundation Trust, the tribunal held that there was no reasonable prospect of the original judgment being varied or revoked. The reconsideration application was therefore refused on 7 October 2021.