Claimant v LHR Airports Ltd and MJM Industrial Ltd — 2017

Mr J Robinson applied for reconsideration of the reserved preliminary hearing judgment sent on 6 September 2017. The tribunal treated his letters of 13 and 22 September 2017 as an application under rules 70 to 73 of the Employment Tribunals Rules of Procedure 2013. The issue was whether the earlier decision on section 43K of the ERA 1996 should be revisited in light of McTigue v University Hospital Bristol NHS Trust and Day v Lewisham and Greenwich NHS Trust.

The earlier findings, which the judge recalled, were that Mr Robinson had been introduced and supplied by MJM Industrial Limited to work for LHR Airports Limited, that the terms on which he was engaged were in practice substantially determined by MJM, and that MJM was the employer for section 43K purposes. Judge Vowles held that the cited authorities would not have changed that conclusion because, on the findings made, LHR Airports Limited did not in practice substantially determine the terms on which Mr Robinson was engaged.

The tribunal therefore found there was no reasonable prospect of the original decision being varied or revoked and refused the reconsideration application. Separately, it removed LHR Airports Limited as a party under rule 34 because there were no longer issues within the Tribunal's jurisdiction between it, the claimant and the second respondent. No monetary award was made.