Miss J Owens v Just Go Travel Ltd: 2424176/2017
JUDGMENT
[1]The claimant’s ET1 claim form was submitted to the Tribunal outside the time period to do so as per s123 Equality Act 2010 and was not submitted within such further period as the Tribunal thinks is just and equitable. The claimant requested a reconsideration of this decision at the conclusion of the hearing. The claimant was given until 6 July 2018 to provide further written information in support of this request, when it will be considered by the Tribunal in accordance with Rule 72 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1. JUDGMENT[2]The claimant’s application dated 21 June 2018 for reconsideration of the judgment made at the hearing of 21 June 2018 and sent to the parties on 17 July 2018 is refused.REASONS
[1]There is no reasonable prospect of the original decision to strike out the claimant’s claim being varied or revoked, because the claimant has repeatedly failed to supply medical evidence requested by the Tribunal in support of her reconsideration request.[2]At the hearing on 21 June 2018 at which the claimant’s claim was struck out, one of the claimant’s primary grounds for reconsideration was that her health issues hindered her at several stages in the litigation, including in the submission of her claim form and at the hearing itself. The claimant gave the Tribunal repeated assurances that medical evidence was being sought and would be supplied, but no substantive evidence has been supplied to date.[3]During the course of the proceedings, the claimant has had the following opportunities to supply such evidence:a. At the hearing on 21 June 2018.b. Following the claimant’s reconsideration request of the decision to strike out her claim, the claimant was then given from the hearing on 21 June 2018 until 6 July 2018 to supply the medical evidence required by the Tribunal. She did not do so. Case No: 2424176/2017c. In an email dated 4 July 2018 from the claimant, that medical evidence was not supplied but the claimant requested for further time to present it. The claimant was then given until 8 November 2018 to supply that evidence. She did not do so.d. On 9 November 2018 the claimant wrote to the Tribunal asking for more time to obtain her medical evidence. In a further letter of 4 December 2018 from the Tribunal, the claimant was given until 18 December 2018 to supply the medical evidence. She has failed to do so.[4]The claimant has been given repeated opportunities to assist the Tribunal with her reconsideration request in the manner requested by the Tribunal and has failed to do so. There is therefore no reasonable prospect of the original decision being varied or revoked. The claimant’s claim therefore remains struck out.