Reserved judgments and reasons; procedure on reconsideration applications
Following a full merits hearing the Employment Tribunal reserved its decision. In due course it promulgated its reserved judgment dismissing all of the claimant’s claims. On a later date it promulgated its reasons for that judgment. The claimant’s contention that it was an error of law not to promulgate the reasons at the same time as the judgment failed. While the practice was not to be encouraged, and carried certain dangers, it was not contrary to the rules to promulgate the reasons on a later date.
The claimant also applied for a reconsideration of the Tribunal’s decision. The judge concluded that there was no prospect of the original decision being varied or revoked and refused the application on paper. Although the judge’s reasons were very brief, they were sufficient.
Prior to reaching that decision, the judge directed that the respondent’s comments on the reconsideration application be sought. It is not, generally, appropriate for the Tribunal to do that, when considering an application for reconsideration at the preliminary stage under rule 72(1). There may be particular circumstances in a given case, where it is appropriate to seek some specific information or input from the other party at the preliminary stage. But any such request, in such a case, should be tailored to those particular circumstances. In this case, the judge ought not to have made a generalised request for the respondent’s comments. However, a separate ground of appeal, challenging the refusal of the reconsideration application on its merits, had been dismissed at a rule 3(10) hearing; and the refusal could not now be reopened
[2021] UKEAT 0186 – 20 – 0907
Bailii
England and Wales
Updated: 11 September 2021; Ref: scu.666688
