Mrs J Chmielnik v Stanwell Road Surgery — 2022

This judgment is a rule 72 reconsideration decision. The tribunal extended time for the claimant's reconsideration application, but refused it because there was no reasonable prospect of the original judgment being varied or revoked. It held that the 39-page application largely repeated points already made, or points that could have been made, at the final hearing, and did not identify new evidence likely to affect the findings.

In the underlying reserved judgment, the tribunal had upheld the claimant's unfair dismissal claim on the basis that the respondent's conduct breached the implied term of mutual trust and confidence. It rejected the automatically unfair constructive dismissal complaint, finding that the claimant did not have reasonable grounds for the health and safety belief relied on under s.100(1)(c) ERA. The claimant's earlier attempt to add a disability discrimination complaint had been refused and was not part of the decided case.

On the Equality Act claims, the tribunal recorded that one race discrimination complaint, concerning a meeting on 4 July 2017, had succeeded, but the other race discrimination complaints and the harassment complaints were not made out. In the reconsideration decision the tribunal rejected the claimant's continuing course of conduct argument, the comparator arguments, and the challenge to the witnesses' evidence, concluding that there was no new material capable of changing the original findings. No remedy figure is recorded in this decision.