Decision date
31 January 2025
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Case Summary
Claimant's application for reconsideration of the dismissal judgment was refused. The claimant had withdrawn his claim, citing a cost warning and withdrawal under duress.
Why this outcome?
The claimant's application for reconsideration was refused because the claimant had already withdrawn the claim, citing a cost warning and withdrawal under duress, which rendered the application moot.
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Key Issues
- •reconsideration of dismissal judgment
- •new evidence from gov.uk/Companies House register
- •withdrawal under duress
Decision Text
Case No: 3309873/2022 11.6C Judgment – Reconsideration refused – claimant - rule 72 EMPLOYMENT TRIBUNALS Claimant: Mr G Poole Respondent: Scot Group Ltd T/A Thrifty Car and Van Rental JUDGMENT The Claimant’s application dated 8 November 2024 for reconsideration of the judgment sent to the parties on 28 October 2024 is refused. REASONS 1. This is an application for a reconsideration of the dismissal judgment of Employment Judge Laidler of 28 October 2024. The Regional Employment Judge has authorised me to deal with this application in the absence of Judge Laidler. 2. Applications for a reconsideration of a Tribunal judgment is an exception to the principle that a decision of the Employment Tribunal is final, save for appeals on a point of law. The test when dealing with an application for a reconsideration is contained within Rule 68 Employment Tribunal Rules of Procedure 2024 which provides: “Principles 68.—(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. (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.” Case No: 3309873/2022 11.6C Judgment – Reconsideration refused – claimant - rule 72 3. The Court of Appeal in Ministry of Justice v Burton and anor [2016] EWCA Civ 714 observed (paragraph 21) that the discretion to act in the interests of justice is not open ended and should be exercised in a principled …
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Case Details
- Claimant
- Mr G Poole
- Case No.
- 3309873/2022
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 31 January 2025
- Published
- 10 March 2025
- Jurisdiction
- England & Wales
- Industry
- Other
Registered Company
- Company name
- SCOT GROUP LIMITED
- Company number
- 01425565
- Industry
- Administrative & Support
- Status
- active