Miss H Camden v New Look Retailers Ltd: 1301418/2017
JUDGMENT
[1]The complaint of constructive unfair dismissal is not well founded and is dismissed. Employment Judge Hindmarch 14th May 2018[2]DECISION In exercise of my powers contained in Rule 72 Employment Tribunals Rule of Procedure 2013 I refuse the claimant’s application for reconsideration on the grounds that there is no reasonable prospect of the decision being varied or revoked.REASONS
[1]On 14 May 2018 the parties were sent the judgment dismissing all claims made by the claimant.[2]On 19 May 2018 the claimant submitted an application to reconsider the judgment on the basis that I add a) did not apply the correct law and b) was unfairly biased.[3]The power to reconsider a judgment is contained in Rule 70 to 73 Employment Tribunals Rules and Procedure 2013. The rules enable a tribunal to reconsider a judgment where it is necessary in the interests of justice to do so. Rule 72 provides that en Employment Judge shall consider the application. If the judge considers that there is no reasonable prospect of the decision being varied or revoked she shall refuse the application.[4]The correct law in a complaint of constructive unfair dismissal was applied that being section 95 (1) (c) Employment Rights Act 1996. The complaint of unfair bias concerns an observation made by me during the evidence concerning a ‘915’ promotion by the Respondent, to the effect I was aware of the ‘915’ range having 3 teenage daughters who shop at New Look. There was no suggestion I liked the store and/or that I looked favorably upon the Respondent, and this matter was not argued before me by the Claimant at the hearing. There is nothing in the arguments advanced by the Claimant which could lead the Tribunal to vary or revoke its decision.