Mr Godswill Abia v ABM Facility Services UK Ltd (sued as “ABM”) — 2022

The tribunal considered the claimant's application under Rule 71 for reconsideration of the judgment dated 26 July 2022. The application was made in time and concerned the claimant's request that the respondent's response to allegations 11 and 12 be struck out.

The tribunal set out the reconsideration framework under Rules 70 and 71, including that reconsideration is available only where necessary in the interests of justice and that disagreement with a decision is insufficient. It noted the need to consider the interests of both parties and the public interest in finality of litigation.

The tribunal found that the claimant's grounds did not satisfy the interests of justice criteria and appeared to arise from a lack of understanding of tribunal procedure. It held that whether the respondent's response was true was a matter for the full merits hearing, and that there were no grounds to conclude the response was scandalous, vexatious, or had no reasonable prospect of success. The application was refused because there was no reasonable prospect of the judgment being varied or revoked.