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.

Use the matching calculator page to compare this decision with published award patterns.

• •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

The full source document is available from the official publication page.