Miss L Benassar v Innovate IFG Impact Food Group — 2024

The tribunal had sent confirmation on 17 June 2024 that the claimant's claim was dismissed under what was then rule 27 of the Employment Tribunals' Rules of Procedure 2013. The claimant's representative applied on 19 June 2024 for reconsideration, within the 14 day time limit, but the application was sent only to the tribunal and was not copied to the respondent.

Employment Judge Anstis found that rule 71 required the application to be presented in writing and copied to the other party within 14 days. Although the failure to copy the respondent could be waived under rule 6(a), the judge concluded that it was not in the interests of justice to do so because the respondent only learned of the challenge more than a year later, no good reason was given for not copying the respondent, and there had still been no response to the original notice and order after it was resent.

The application for reconsideration was refused. The judgment did not make findings on the merits of the underlying discrimination or wages claims and made no monetary award.