BBC Studios Productions Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107120/2023 5 Held in Chambers on 13 January 2025 Employment Judge P O’Donnell CClaimant 10 BBC Studios Productions LimitedRespondent 15 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claimant’s application for reconsideration of the judgment dated 19 November 2024 is refused. REASONS 1. The claimant has sought reconsideration of the judgment dated 19 November20 2024 dismissing her claim under what was Rule 52 (now Rule 51). This is opposed by the respondent. 2. The Tribunal has the power to reconsider a judgment under Rule 68 of the Tribunal Rules of Procedure. The only ground on which the Tribunal can reconsider is that it is in the interests of justice to do so.25 3. The “interests of justice” test gives the Tribunal a broad but not unlimited discretion when reconsidering a decision. The Tribunal has to give regard to the principle of finality in litigation (Newcastle Upon Tyne City Council v Marsden [2010] ICR 743) and the power to reconsider is not there to deal with matters which should more properly be a matter of appeal (Trimble v30 Supertravel Ltd [1982] IRLR 451). The Tribunal has to approach the question of whether reconsideration is in the interests of justice by having regard to the 4107120/2023Page2 justice to be done to both sides of the case (Redding v EMI Leisure Ltd EAT 262/81). 4. The claimant’s application for reconsideration is based on the fact that she intends to pursue claims against the respondent in the civil courts under the Protection for Harassment Act 1997 as well as for personal injury and breach5 of contract. 5. The Tribunal pauses to note that the claimant did not say this to the Tribunal when she objected to the claim in this tribunal being dismissed. Rather, in correspondence dated 6 November 2024 sent after the claim had been withdrawn, she stated that sh...