Mr Fjodorovs v Sisters Food Group Ltd and others: 1300666/2019
JUDGMENT
The Claimant’s application dated 9th October 2019 for reconsideration of the decision sent to the parties on 8th October 2019 is refused.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because: -(1) I took into account not just the nature of the allegations of bias but also weighed the respective inconvenience and cost to the parties. I concluded that the ‘balance of hardship’ was against transfer given the location of the Claimant and Respondent. That took account of the Claimant’s stated concerns about the cost of travel for his representative and the stated preference of his witnesses to travel to London.(2) I concluded that, given the Respondent’s location and objections to transfer and the Claimant’s location, the balance was in favour of refusing transfer and leaving the case to be heard in a location close to the Claimant’s home and the Respondent and their witnesses. The location of parties’ representatives is a matter of choice for each party and I noted that the Respondent’s representative was not suggesting transfer was appropriate even given their London location.(3) Reasons were given for the decision in the letter of 8th October and no further reasons will be provided.(4) The request that I also reconsider my decision to defer consideration of the Claimant’s wasted costs application is also refused. Given that both parties seek to make applications for wasted costs it is proportionate and appropriate to consider those at the conclusion of the full hearing. Signed by: Regional Employment Judge Monk Signed on: 21st October 2019 Case number: 1300666/2019 E MPLOYMENT TRIBUNALS Claimant: Mr V Fjodorovs Respondents: 2 Sisters Food Group Limited (1), Amber Foods Limited (2) Heard at: Birmingham On: 1 November 2019 Before: Employment Judge Meichen (sitting alone) Appearances For the claimant: Mrs E Donaldson (lay representative) For the respondents: Ms I Ferber (counsel) JUDGMENT[1]The claimant’s application to strike out the response of the second respondent is refused. Employment Judge Meichen 12 November 2019 Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case number: 1300666/2019 Case No:1300666/2019 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mr V Fjodorovs Respondent: 2 Sisters Food Group Ltd & Others