Mr G Sall v Secretary of State for Justice: 1300718/2022
JUDGMENT
[1]The judgment is confirmed in respect of the complaint of direct disability discrimination.[2]The judgment is revoked in respect of the complaint of direct race discrimination. The basis for the Tribunal’s decision to exercise its discretion to extend time was made on a misunderstanding of the Claimant’s position. Paragraphs 10 (e), 39 – 41 of the judgment are therefore revoked. The Tribunal does not have jurisdiction to consider the Claimant’s complaint of direct race discrimination. The complaint of direct race discrimination is therefore dismissed.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because the original decision sent to the parties on 20 February 2023 was revoked in relation to the Claimant’s direct race discrimination complaint as a result of the Respondent’s successful cross-application determined on 3 October 2023. The Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 do not allow parties to apply for a reconsideration of a Tribunal’s conclusions confirming, varying or revoking the original decision.