Claimant v University of Leicester — 2020

At a remote hearing on 15 December 2020, Employment Judge R Clark struck out the claimant's claims of direct race discrimination and harassment related to race. The written judgment was sent to the parties on 17 December 2020. On 25 December 2020 the claimant applied for reconsideration, saying he wanted the tribunal to reconsider the judgments on the basis of bullying occasioning constructive dismissal without reference to race.

The tribunal held that the reconsideration application was made in time and considered it under rules 70 to 72 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. It refused the application because there were no reasonable prospects of the original decision being varied or revoked and nothing in the application engaged the tribunal's earlier race findings.

The judge said there are no stand-alone tribunal claims of bullying or constructive dismissal, and that such matters must be framed within a statutory cause of action. The tribunal also noted that unfair dismissal had not been claimed; even if it had been, the claimant did not have the necessary two years' qualifying service and the limited exceptions would not have applied. The judge further said he could not see that the claimant resigned in response to a contractual breach so as to make constructive dismissal arguable. The application for reconsideration was therefore refused.