Mr P Sullivan v Openreach Ltd: 6025741/2025
JUDGMENT
The claim for unlawful deduction of wages is dismissed because the Tribunal has no power (jurisdiction) to consider it under section 27 of the Employment Rights Act 1996.[1.1]The claim was not presented within 3 months beginning with the date of the last deduction;[1.2]It was not reasonably practicable for the Claimant to do so;[1.3]But, in my judgment, he did not present his claim within such further period as I considered reasonable. Approved:REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked, because the Claimant has repeated the arguments he made and that were fully considered at the hearing.[2]A reconsideration can only be granted where it is necessary in the interests of justice. The interests of justice include the need for finality in litigation, which engenders certainty and saves time and cost to all parties and the tribunal. A reconsideration is not therefore simply a chance to have a second bite at the cherry.[3]I considered carefully the Claimant’s evidence and arguments at the hearing, taking into account the correct legal principles. It would not therefore be fair to reopen my decision for reconsideration.