Ms Y Simons v London Borough of Merton: 2301820/2021
JUDGMENT
The unanimous judgment of the Tribunal is as follows:[1]The following complaints of being subjected to detriment for making a protected disclosure are well-founded and succeed:a. The Respondent’s delay in lifting the Claimant’s suspension from 28 September 2020 to 30 December 2020; andb. The Respondent’s delay in finalising the safeguarding report.[2]The remaining complaints of being subjected to detriment for making a protected disclosure are not well-founded and are dismissed. Case Number: 2301820/2021 2 of 7 Employment Judge Burge 23 May 2024 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.REASONS
[1]Rule 72(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the “Rules”) enable an Employment Judge to refuse an application for reconsideration if they consider that there is no reasonable prospect of the original decision being varied or revoked. The test is whether it is necessary in the interests of justice to reconsider the judgment (Rule 70).[2]Preliminary consideration under Rule 72(1) must be conducted in accordance with the overriding objective which appears in Rule 2, namely that cases should be dealt with fairly and justly. This includes dealing with cases in ways which are proportionate to the complexity and importance of the issues and avoiding delay. Achieving finality in litigation is part of a fair and just process.[3]In her application for reconsideration the Claimant is seeking to argue facts already found and relitigate matters that have already been litigated. It is an attempt to have a second bite at the cherry which is contrary to the overriding objective, it would not be fair nor just to allow the Claimant to do so. Case Number: 2301820/2021 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms Yvette Simons Respondent: London Borough of Merton Heard at: London South Employment Tribunal On: 6 December 2024 Before: Employment Judge Burge Mr Singh Mr Wilby Appearances For the Claimant: In person For the Respondent: Mr Cameron (Caseworker) REMEDY JUDGMENT It is the Judgment of the Tribunal that[1]The Respondent shall pay the Claimant compensation for Injury to Feelings in the sum of £4500.[2]The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the Respondent by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[3]The total amount payable by the Respondent to the Claimant is £4950. Case Number: 2301820/2021 2 of 2 EJ Burge 6 December 2024 Judgment sent to the parties on 19 December 2024