Automated Summary
Key Facts
The Employment Tribunal rejected Amcrol Limited's application for reconsideration of the judgment upholding Mr. A Weatherby's claims. The respondent's arguments were based on reiterating their previous closing submissions, which the tribunal had already assessed, finding the claimant more reliable. The tribunal also noted that the disability and reference issues were outside their jurisdiction.
Issues
- The primary issue addressed was the respondent's assertion that the tribunal's evaluation of witness reliability was erroneous. The tribunal had previously determined that the claimant was the more reliable witness in several disputes, and the respondent's application for reconsideration largely re-argued these points without presenting new evidence or arguments.
- The respondent also raised issues regarding disability and the provision of a reference, which the tribunal determined were not within its jurisdiction in this case and about which no judgment was made.
Holdings
The tribunal rejected the respondent's application for reconsideration under Rule 70(1) of the Tribunal's Rules of Procedure 2013, as there is no reasonable prospect of the original judgment being varied or revoked. The original judgment upheld the claimant's claims, and the reconsideration request was denied due to the respondent re-arguing previously considered evidence and the lack of new material issues.
Legal Principles
The tribunal applied Rules 70 to 73 of the Tribunal's Rules of Procedure 2013 regarding reconsideration applications. Specifically, Rule 70(1) requires a tribunal to refuse reconsideration if there is no reasonable prospect of varying or revoking the original decision, and Rule 72 mandates initial consideration by the original Employment Judge.
Cited Statute
Tribunal Rules of Procedure 2013
Judge Name
R F Powell
Passage Text
- Applications for reconsideration are governed by Rules 70 to 73 of the Tribunal's Rules of Procedure 2013.
- I reject the respondent's application for reconsideration under Rule 70(1) of the Tribunal's Rules of Procedure 2013: there is no reasonable prospect of the tribunal's original judgment being varied or revoked.
- The principal difficulty the respondent faces is that the entirety of its argument on the tribunal's assessment of the witness evidence amounts to an attempt to re-argue points on the reliability of the witnesses' evidence which it raised in some detail before the tribunal.