The Gorse Academies Trust

Case Summary

The claimant applied for reconsideration of a judgment that struck out claims for breach of duties of care and good faith in her contract of employment on the ground they had no reasonable prospect of success. Employment Judge Ayre refused the reconsideration application, finding there were no reasonable prospects of the original judgment being varied or revoked and emphasizing the public interest in finality of litigation.

The tribunal found that the claimant had already had the opportunity to put her case forward during the Preliminary Hearing, and the reconsideration process is not designed to allow parties a second opportunity to present arguments or evidence if dissatisfied with tribunal findings. The public interest in the finality of litigation weighed against reconsideration.

• •Whether breach of contract claims based on duties of care and good faith have reasonable prospect of success
• •Application for reconsideration under Rule 70(2) of Employment Tribunal Procedure Rules 2024

Case No: 1806671/2025 EMPLOYMENT TRIBUNALS Claimant: Aliyah Khwarazmi Respondent: The Gorse Academies Trust JUDGMENT ON RECONSIDERATION The claimant’s application dated 13 April 2026 for reconsideration of the judgment sent to the parties on 30 March 2026 is refused pursuant to Rule 70(2) of The Employment Tribunal Procedure Rules 2024. There is no reasonable prospect of the judgment being varied or revoked. REASONS 1. In a Judgment dated 29 March 2026 and sent to the parties on 30 March 2026 (“the Judgment”), the Tribunal struck out the claimant’s claims that the respondent breached duties of care and of good faith in the claimant’s contract of employment on the ground that they have no reasonable prospect of success. A further complaint of breach of contract was not struck out. 2. On 13 April 2026 the claimant applied for reconsideration of the Judgment. 3. Rule 68 of The Employment Tribunal Procedure Rules 2024 provides that: “(1) The Tribunal may, either on its own initiative (which may reflect a request from the Employment Appeal Tribunal) or on the application of a party, reconsider any judgment where it is necessary in the interests of justice to do so. (2) A judgment under reconsideration may be confirmed, varied or revoked. Case No: 1806671/2025 (3) If the judgment under reconsideration is revoked the Tribunal may take the decision again. In doing so, the Tribunal is not required to come to the same conclusion.” 4. Rule 69 provides that, except where it is made in the course of a hearing, an application for reconsideration must be made in writing within 14 days of the date on which the written judgment was sent to the parties. 5. Rule 70 sets out the process to be followed when reconsidering judgments and states as follows: “(1) The Tribunal must consider any application made under rule 69 (application for reconsideration). (2) If the Tribunal…