M McCarthy v Sainsbury’s Supermarkets Ltd: 6000430/2024
JUDGMENT
The claimant’s application dated (inter alia) 22 November 2024 for reconsideration of the judgment dismissing her claim under Rule 52 (which was sent to the parties on 14 October 2024) is refused.REASONS
[1]I have undertaken preliminary consideration of the claimant's application for reconsideration of the judgment dismissing her claims under Rule 52.The Law
[2]An application for reconsideration is an exception to the general principle that (subject to appeal on a point of law) a decision of an Employment Tribunal is final. The test is whether it is necessary in the interests of justice to reconsider the judgment (rule 70).[3]Rule 72(1) of the 2013 Rules of Procedure empowers me to refuse the application based on preliminary consideration if there is no reasonable prospect of the original decision being varied or revoked.[4]In common with all powers under the 2013 Rules, preliminary consideration under rule 72(1) must be conducted in accordance with the overriding objective which appears in rule 2, namely to deal with cases 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 adjudication. The Application[5]The focus of the Claimant’s correspondence since 3 April 2024 has been that she regrets accepting, through ACAS, settlement on a full and final basis (in 1 of 2 Case Number: 6000430/2024 particular, it seems, because she considers she may have a separate claim of personal injury). However, it is clear the Claimant acknowledges that she accepted an offer from the Respondent made via ACAS (I note in particular her email of 3 April 2024 sent at 15:43). Whilst the COT3 was never signed (presumably because the Claimant later regretted accepting the offer on a full and final settlement basis), ACAS nonetheless confirmed to the parties on 28 March 2024 that there was a binding agreement saying in correspondence: “I am pleased to confirm that the terms of the Cot3 have now been agreed, and that the settlement is now legally binding. I will notify the Tribunal accordingly, and will send the paperwork out for signature shortly.”. Whilst this may be standard ACAS wording, it nonetheless indicates that the terms of settlement were discussed with the Claimant and agreed by her.Conclusion
[6]Having considered all the points made by the claimant I am satisfied that there is no reasonable prospect of the judgment dismissing her claim being varied or revoked. The application for reconsideration is refused.