reconsideration
📖 What is reconsideration? Meaning and definition
In UK employment law, reconsideration is an exception to the general principle that an Employment Tribunal's decision is final. It allows for a judgment to be re-examined by the Tribunal itself, rather than requiring an appeal to a higher court. The primary test for allowing a reconsideration is whether it is 'necessary in the interests of justice' to reconsider the judgment, acknowledging that the finality of judicial decisions is an important component of justice.
An application for reconsideration must typically be made within 14 days of the date the decision (or its written reasons) was sent to the parties. The Tribunal will first conduct a preliminary consideration. If there is no reasonable prospect of the original judgment being varied or revoked, the application will be refused at this stage.
If the Tribunal is minded to allow the reconsideration, it may invite representations from the parties. If allowed, the original judgment can be revoked or varied. For instance, a Tribunal might reconsider and reinstate claims that were previously struck out, or it might refuse the application if the grounds do not meet the 'interests of justice' test or if there's no reasonable prospect of changing the outcome.
📋 Requirements
- Application must be made within 14 days of the decision or written reasons being sent to parties.
- It must be 'necessary in the interests of justice' to reconsider the judgment.
- There must be a reasonable prospect of the original judgment being varied or revoked for the application to proceed beyond preliminary consideration.
📝 Procedure
- A party makes an application for reconsideration of a judgment or decision.
- The application must be submitted within 14 days of the decision (or written reasons) being sent.
- The Employment Tribunal conducts a preliminary consideration to assess if there's a reasonable prospect of the judgment being varied or revoked.
- If there is no reasonable prospect, the application is refused.
- If the Tribunal is minded to revoke or vary the judgment, it may invite representations from the parties.
- The Tribunal then decides whether to allow the reconsideration, which can lead to the judgment being revoked or varied.
💡 Examples
- A claimant applies for reconsideration of a judgment that struck out parts of their discrimination claim, arguing it is necessary in the interests of justice to reinstate them.
- An Employment Tribunal refuses a reconsideration application because the claimant's grounds do not show a reasonable prospect of the original decision being changed.
- After a preliminary review, an Employment Judge indicates they are minded to revoke a previous judgment and invites both parties to provide their views.
- A party submits an application for reconsideration 10 days after receiving the written reasons for a judgment, meeting the time limit.
📚 Legal basis
- Tribunal Procedure Rules 2024
❓ Frequently asked questions
What is the deadline for applying for reconsideration?
An application for reconsideration must be made within 14 days of the date on which the decision (or, if later, the written reasons) were sent to the parties.
Can an Employment Tribunal refuse my reconsideration application?
Yes, an Employment Tribunal can refuse an application for reconsideration, especially if it determines there is no reasonable prospect of the original judgment being varied or revoked.
What does 'necessary in the interests of justice' mean for reconsideration?
This is the guiding principle for the Tribunal to consider. It means the Tribunal must decide if reviewing the judgment is essential for fairness and proper legal process, while also acknowledging the importance of finality in judicial decisions.
If my reconsideration is allowed, what happens to the original judgment?
If your reconsideration application is allowed, the original judgment can be varied (changed) or revoked (cancelled) by the Employment Tribunal.
Is reconsideration the same as an appeal?
No, reconsideration is an exception to the general rule that decisions are final and is handled by the same Employment Tribunal. An appeal, on the other hand, typically involves taking the case to a higher court, such as the Employment Appeal Tribunal, usually on a point of law.
What if I miss the 14-day deadline for reconsideration?
The excerpts state that the application must be made within 14 days. While the excerpts do not detail what happens if this deadline is missed, it is generally crucial to adhere to time limits in legal proceedings. You may wish to consult a qualified solicitor if you are in this situation.