Ms B Lock v Wm Morrison Supermarkets plc: 3320511/2021
JUDGMENT
The claimant’s application dated 19 March 2023 for reconsideration of the reserved judgment dated 23 February 2023 which was sent to the parties on 6 March 2023 is refused.REASONS
[1]The application for reconsideration was made in a document enclosed with an email dated 19 March 2023. The application was not accompanied by any document by means of which the claimant did what was ordered as recorded in paragraph 10 of the reasons for the reserved judgment which was sent to the parties on 6 March 2023.[2]On the final two pages of the 14-page document in which the application for reconsideration is made, this is said: ‘Judge Hyams is in the Judgement now saying that I would need to say the “precise words”. This is unduly onerous, unreasonable and a further show of Hyams’ attempt to seek that these proceedings against Morrisons do not get heard. He is representing that for my claim to not be struck out the employment tribunal requires “precise wording”. Aside from the fact that I already provided to the Employment Tribunal written records of communication and highlighted lack of written communication with regard to the fact that Morrison Supermarkets has failed at times to respond (e.g. the Legal Team has ignored my requests for support with Morrisons wrongdoing). Unless Employment Judge Hyams is admitting that he is treating me differently and that the Employment Tribunal applies inconsistency across different employee’s cases, this suggests that if a Case Number: 3320511/2021 claimant (i.e. (Ex)employee cannot recall “precise wording” of a conversation then the Employment Tribunal will strike out his/her claim to the Employment Tribunal. This is not reasonable conduct by the Employment Tribunal but appears to be an indicator of a way to look for a get out clause to suppress proceedings from continuing. This Application for Reconsideration requests that the Judgement of 06 March 2023 be revoked.’[3]On 18 April 2023, I asked that the tribunal staff check to see whether or not the claimant had subsequently sent by email a document which complied (or at least sought to comply) with the order set out in paragraph 10 of the reasons for the reserved judgment. There was, I was informed, no such email in the tribunal’s inbox.[4]In those circumstances, I had to conclude that (using the words of rule 72 of the Employment Tribunals Rules of Procedure 2013) “there is no reasonable prospect of the original decision being varied or revoked”.[5]The claimant’s application for reconsideration is therefore refused.