Mr R Bentum v Tesco Stores Ltd: 1300543/2021
JUDGMENT
[1]The claimant’s claims of direct race discrimination, harassment and victimisation fail and are dismissed. ____________[2]JUDGMENT ON RECONSIDERATION The claimant’s application for reconsideration is refused.REASONS
Following the tribunal’s liability judgment given at the conclusion of the hearing with oral reasons the claimant made a written application for reconsideration. I have now considered that application. In my judgement there is no reasonable prospect of the original decision being varied or revoked, because it appears that the reconsideration application is an attempt by the claimant to reargue the case. The claimant’s application is based upon expanding upon points which were raised and considered at the hearing or raising arguments which could and/or should have been deployed at the hearing. The parties were aware of the issues at the hearing and could address the Tribunal on them. The Tribunal made decisions on all the issues which were necessary to determine the claim. The application reads as though the claimant has taken the opportunity to make further submissions following the judgment. It is not in the interests of justice to reconsider a judgment on that basis. I have considered all of the matters raised by the claimant and none of them are such that they would give any reasonable prospect of the original decision being varied or revoked. The claimant had the opportunity to give evidence, ask questions and make submissions on all the issues which he now wishes to expand upon at the hearing. The claimant’s application is an attempt to re-argue the issues because he disagrees with the decision. This is not a valid ground for a reconsideration. This is a case in which the parties and the interests of justice are best served by finality of litigation and in particular confirming the Tribunal’s judgment.