Reconsideration of employment tribunal judgments
Reconsideration of employment tribunal judgments

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Reconsideration of employment tribunal judgments
  • The power to reconsider judgments
  • Only applies to 'judgments'
  • The circumstances in which the power to reconsider a judgment is available
  • What may trigger the reconsideration of a judgment
  • What may be ordered on a reconsideration of a judgment
  • Application for reconsideration of a judgment
  • Whether it is practicable for the original judge to hear the application
  • Outcome of the application for reconsideration
  • Reconsideration of a judgment by the tribunal on its own initiative
  • More...

Reconsideration of employment tribunal judgments

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

A party who is dissatisfied with a judgment of an employment tribunal may appeal against the decision in certain circumstances, usually to the Employment Appeal Tribunal (For further information, see: EAT—overview). However, in certain specified circumstances, a party may apply to the employment tribunal that made the original decision, asking it to reconsider its judgment. The tribunal may also decide on its own initiative to reconsider a judgment it has given.

The power to reconsider judgments

Only applies to 'judgments'

The power to reconsider judgments under rules 70-73 only applies to 'judgments' of the tribunal, not to 'case management orders'. The definitions under the ET Rules draw a distinction between the two as follows:

  1. a 'judgment' is a decision of a tribunal (made at any stage) which finally determines:

    1. a claim, or part of a claim, as regards liability, remedy or costs, or

    2. any issue which is capable of finally disposing of any claim, or part of a claim, even if it does not necessarily do

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