Mr G Stan v Hermes Parcelnet Limited — 2023

The judgment is a decision on the claimant's applications for reconsideration of an earlier judgment. The Tribunal treated emails dated 27 September 2023 and 4 October 2023 as reconsideration applications under Rule 70 of the Employment Tribunal Rules 2012 and considered whether there were reasonable prospects of the original decision being varied or revoked.

The Tribunal refused the applications. It rejected the allegation of bad faith, held that the claimant was seeking to re-litigate factual findings, and declined to consider new evidence because the claimant had not shown that it could not have been obtained with reasonable diligence for the original hearing. The Tribunal also stated that the claimant had not identified a day for which he had not been paid, either before the claim began or in his evidence.

The Tribunal further rejected the claimant's Article 6 and discrimination assertions about the conduct of the hearing, stating that the claimant had a fair chance to put his case and that the process, legal principles, statement, evidence, and questioning were addressed. It concluded that there was no reasonable prospect of the original decision being varied or revoked.