Ms L Vassallo v Mizuho International plc and Mizuho Bank Ltd: 2201832/2023
JUDGMENT
The application for reconsideration is refused.REASONS
[1]By rule 70 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the Rules”) the Employment Tribunal may reconsider a judgment where it is necessary in the interests of justice to do so. On reconsideration, the judgment may be confirmed, varied or revoked.[2]Under Rule 1(3)(b) a “judgment” is defined as a decision which finally determines a claim or part of a claim or an issue which is capable of finally disposing of a claim or part of a claim.[3]My decision does not constitute a judgment given my decision was a refusal to amend the claim to include additional claims that had not previously been pleaded. My decision did not dispose of any of the claims as originally pleaded.[4]However, if I am wrong and my decision is a judgment, I have considered whether it should be confirmed, varied or revoked.[5]Under Rule 70, a judgment will only be reconsidered where it is necessary in the interests of justice to do so. This allows an Employment Tribunal a broad discretion to determine whether reconsideration is appropriate in the circumstances. The discretion must be exercised judicially. This means having regard not only to the interests of the party seeking the reconsideration but also the interests of the other party to the litigation and to the public interest requirement that there should, so far as possible, be finality of litigation.[6]The procedure upon a reconsideration application is for the