Mr Salvatore Sgarlata v Regency Ayrshire Limited and 2 others — 2023

The tribunal considered the respondents’ 31 March 2023 email as a new reconsideration application under Rule 71, because the earlier 21 March 2023 application had already been dealt with under Rule 72 and could not itself be reconsidered. Although the 31 March application was out of time, the tribunal extended time under Rule 5 in the interests of justice and having regard to the overriding objective so that the second application could be considered.

The application was said to rely on alleged new evidence that the claimant had worked for Strada Environmental, Mills Milk and Ayrshire Garden Guys. The tribunal accepted that the Ayrshire Garden Guys and Mills Milk material may not have been known before the hearing, but found the Strada Environmental evidence was already known to the respondents before the hearing and could have been investigated then. It also found that occasional work for Ayrshire Garden Guys, even if established, was not relevant to the case as presented.

On the merits of reconsideration, the tribunal was not satisfied that the new evidence would have an important bearing on credibility or on the outcome. The only evidence that might directly affect quantification of loss was the alleged two days’ work with Mills Milk in December 2022, and even if established that would amount only to two days’ pay. Taking into account finality in the judicial process, cost, time and proportionality, the tribunal refused the application under Rule 72 because there was no reasonable prospect of the original decision being varied or revoked.