Mrs B Jones v Nottingham City Council: 2603985/2020
JUDGMENT
ON AN APPLICATION FOR A RECONSIDERATION The Claimant’s application for a reconsideration dated 14 August 2021 is refused.REASONS
[1]The Claimant applies for the judgment dismissing her claim upon withdrawal to be set aside.[2]The grounds of the application are that her claim is now being considered for legal representation by Unison’s solicitors.[3]The Claimant presented her claim to the Tribunal on 29 October 2020 bringing a claim of direct (and also possibly indirect) age discrimination.[4]It was directed by an Employment Judge that the case should be listed for a preliminary hearing to determine whether it had been presented out of time. The Claim was presented some 18 months after her employment had ended with the Respondent.[5]Prior to the preliminary hearing being listed, the Claimant wrote to the Tribunal on 18 March 2021 withdrawing her claim.[6]A judgment dismissing her claim on withdrawal was issued on 13 April 2021. It is not clear when the dismissal judgment was sent to the parties but a Page 1 of 2 Case No: 2603985/2020 further copy was sent on 14 August 2021. On the same day the Claimant made her application for a reconsideration.[7]The application for a reconsideration is refused as there is no reasonable prospect of the original decision being varied or revoked. The Claimant’s withdrawal was clear and unconditional. It is not in the interests of justice to allow the claimant to re-open proceedings which she had unconditionally withdrawn.