Mr N W Khan v Tesco plc — 2026

The claimant applied for reconsideration of a judgment sent to the parties on 30 January 2026. The reconsideration grounds included alleged failure to consider the absence of an email, procedural unfairness in the disciplinary hearing proceeding in his absence and without medical clarification, refusal of a break during the tribunal hearing, lack of corroborative enquiries, and the seriousness of the allegations for a long-serving employee.

Employment Judge Reid refused the application, finding no reasonable prospect that the original decision would be varied or revoked. The judge stated that the original judgment had addressed the email issue, the disciplinary hearing, the occupational health point, corroborative enquiries, and the claimant's length of service and the seriousness of the allegations; the application was treated as an attempt to re-argue matters already addressed.

The judge also rejected the contention that there had been procedural unfairness at the hearing, including in relation to the requested five minutes with the claimant's representative during cross-examination. The application was refused under Rule 70(2) of the Tribunal Rules 2024.