F Smith v No appearance McLaughlan Transport (Perth) Limited — 2025

The claimant sought reconsideration of the judgment dated 10 March 2025, which had dismissed his claim because he did not attend the final hearing. At the reconsideration hearing in Dundee on 30 May 2025, he said he was not fit to attend because of a newly identified mental health diagnosis and relied on a fit note covering 10 to 27 March 2025. The respondent submitted that he had not explained why the condition prevented attendance or an earlier postponement application, that he had been able to engage with the tribunal process, and that his earlier postponement request of 8 March 2025 had been made on a different basis, namely an alleged failure by the respondent to provide evidence.

The tribunal applied the interests of justice approach to reconsideration, with reference to the overriding objective and the finality of litigation, and cited Phipps v Priory Education Services Ltd [2023] EWCA Civ 652. It found there was no medical evidence that the claimant was unfit to attend the final hearing; the fit note only certified him as unfit for work. The tribunal also found that he had not adequately explained why he did not seek postponement on health grounds when he made the 8 March application or when he spoke to the clerk on 10 March 2025.

The tribunal concluded that it was not in the interests of justice to grant reconsideration because the claimant had not shown that his health prevented attendance or a health-based postponement request, while the respondent would incur additional expense and inconvenience if the application were granted. The application for reconsideration was refused. This judgment did not determine the underlying race and sex discrimination complaints on their merits.