Mr N Holmes v Common Edge Healthcare Ltd: 6021051/2024
JUDGMENT
[1]By consent, it is declared that the Claimant was unfairly dismissed.[2]The Respondent is ordered to pay to the Claimant a basic award for unfair dismissal in the sum of £3088.80 (reduced by 50 per cent because of the conduct of the Claimant before dismssal).[3]It is not just and equitable to make any compensatory award for unfair dismissal.[4]The claim of wrongful dismissal (breach of contarct) is dismissed.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because[1]The application is made more than 14 days after the decision was sent to the parties and the Claimant has given no explanation for the delay.[2]The application has not been copied to the other party it is not in the interests of justice for this requirement to be dispensed with.[3]In any event the application is essentially a disagreement with my findings of fact and the inferences and conclusions that I drew from those findings.[4]I have already reviewed the video evidence in this case for the purposes of considering this application.[5]The Claimant has also misunderstood or misrepresented those findings. For instance. it can clearly be heard on the second recording that Ms Hill does indeed say “I could hear the commotion on the phone”. I also found on the basis of the contemporaneously reported accounts in the second video that the Claimant had said words to the effect that he could not wait to see Mr Sabir again, that that post-dismissal comment could only be construed as a threat, and that it therefore corroborated the finding that the Claimant had been aggressive as well as abusive . I did not ever purport to find that the audio recording itself, which I accepted was not conclusive, could be construed to contain any words of actual threat. Case No: 6021051/2024 11.6C Judgment – Reconsideration refused – claimant - rule 70[6]In these circumstances even if I were prepared to extend time for this application there is no reasonable prospect of my coming to any different conclusion on the facts.