In this case the Employment Appeal Tribunal (EAT) was asked whether a party was entitled to ask the Tribunal to reconsider on ‘its own initiative’ (Rules 70 and 73 of the Employment Tribunals Rules of Procedure 2013) when it had failed to apply for reconsideration and where any application, if made, would be substantially out of time. Held that the Respondent was entitled to submit that a Tribunal should reconsider ‘on its own initiative’ and that in doing so the Respondent ought not to be regarded as having made an application for reconsideration; Held further that the Tribunal had acted on its own initiative so as to vary an order it had pronounced as a result of a misunderstanding on its part of the law and which if uncorrected had the potential to cause injustice and that in so doing the Tribunal had not erred by failing to give effect to the principle of finality.
Citations:
[2020] UKEAT 0189 – 19 – 3010, [2021] ICR 359
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 November 2022; Ref: scu.661654
