• Robert Spicer

Reconsideration Of Employment Tribunal Decisions

An employment tribunal may reconsider its judgment where it is in the interests of justice to do so. This power is set out in the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rules 70 to 72. This discretion is very wide, and has replaced the power to review judgments. It is not clear how this discretion will be exercised, but it is thought that it will not apply to cases where it is argued that the tribunal has made the wrong decision or believed the wrong witnesses. Applications for reconsideration should only be made where there has been a serious problem with the way in which the decision was made, or there has been a significant change of circumstances since the decision was made. Applications to reconsider the same evidence and legal arguments which the tribunal has already considered in making its original decision are unlikely to succeed.

The main points which have resulted in a successful application for reconsideration appear to have been clear mistakes of fact or law, or where cogent new facts have emerged since the hearing.

The discretion to reconsider is subject to the public interest requirement that there should be finality of litigation.

Applications for reconsideration must be made within 14 days of the date on which written communication of the original decision was sent to the parties or within 14 days of the date that the written reasons were sent, if later. A fee is payable.

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