Miss N Fofanah v Pulse Healthcare Ltd and 1 other — 2024

The claimant applied on 16 January 2024 for reconsideration of the judgment sent to the parties on 11 January 2024. Employment Judge Eeley Date refused the application under rule 72, finding no reasonable prospect of the original decision being varied or revoked and no basis for concluding that reconsideration would be in the interests of justice.

The tribunal rejected the claimant's suggestion that she had not been fully heard at the preliminary hearing. It recorded that her evidence and arguments were taken into account, and that she was not punished for speaking up. The tribunal also said it did not listen to the audio recording during the hearing because the contents were not material to the issues being decided at that preliminary hearing.

The reasons explain that the tribunal needed to know whether the claimant would disclose a copy of the recording to the respondent as part of standard case preparation, since both parties must have access to the evidence relied on at the final hearing. The claimant's comments indicated she would not send a copy if ordered, only perhaps play the recording to the respondent's solicitor at a meeting. The application also referred to a GP medical report, but no such report was attached; the only attachment was a 7 June 2022 letter from Arc Legal Group. The tribunal said it had already considered the medical evidence put before it at the preliminary hearing.