I Do Not Agree With The Employment Tribunal’s Decision – What Can I Do Now?
Once the Employment Tribunal has passed Judgment, that decision is binding on both parties. However, there are certain, very limited, circumstances when you can challenge the decision made by the Employment Tribunal. This blog covers Reconsideration of a Judgment, read on for more information.
Employment Tribunal Judgment
Before considering what to do next, first you need to make sure you understand what has happened so far.
If you have an Employment Tribunal’s Judgment, that means a decision or finding has been made in your case. This could be as a result of a Preliminary or Final Hearing. It could be a Default Judgment the Employment Tribunal has issued. In any event, it is vital you understand the Employment Tribunal Judgment and what it means for you.
What Are My Options To Challenge The Employment Tribunal’s Judgment?
You can only challenge an Employment Tribunal Judgment in very limited circumstances. There are two possible options which are:
- Apply to have the Judgment reconsidered
- Apply to appeal the Judgment
This blog discusses the Reconsideration of an Employment Tribunal Judgment.
When Will The Employment Tribunal Reconsider Its Decision?
An Employment Tribunal can reconsider a Judgment (including any value of the award granted to the Claimant), either of its own volition, at the request of the Employment Appeal Tribunal or on the application of a party to the proceedings.
There are no set criteria the Employment Tribunal will check against when considering an application for reconsideration. To have the Judgment reconsidered, you must show that it is “necessary in the interests of justice to do so”.
What Is “In The Interests Of Justice”?
There is no exhaustive list of what “in the interests of justice” means, however examples of circumstances which may satisfy this test are:
- An administrative error resulted in the Judgment;
- A party did not receive notice of the Hearing resulting in the Judgment;
- New evidence has become available.
How Long Do I Have To Apply For The Judgment To Be Reconsidered?
You only have 14 days from the date the Judgment was sent to you to make an application for the Judgment to be reconsidered.
Who Reviews My Application?
Where possible, your application will be given to the same Employment Tribunal Judge who heard your case. If the Judge is not available or it could cause a delay waiting for that Judge to review your application, a different Judge will be appointed.
If the Judge reviews your application and considers there is no reasonable prospect it will result in the Judgment being varied or revoked, your application will be refused. If the Judge considers that your application should be considered, it will be allowed to go forward.
What Happens Next?
If your application has been refused for having no reasonable prospects of the Judgment being changed, the Employment Tribunal will write to you confirming this is the case.
If it is decided there is a reasonable prospect the Judgment will be changed, you will be informed and it is likely a hearing date will be listed (unless the Judge considers they can determine the application on the paperwork alone).
It is important to note the hearing is not a full re-hearing of your claim. The Judge is reviewing the evidence presented for the reconsideration application.
What Might The Outcome Be?
There are three possible outcomes of the application, the Judgment could be:
- Confirmed – which means there is no change
- Varied – which means parts of the Judgment will be changed
- Revoked – which means the entire Judgment is revoked.
Challenging the Judgment of the Employment Tribunal is not a decision that should be taken lightly. There may be potential cost consequences for making the application. However, in certain circumstances reconsideration can be useful tool for challenge of an Employment Tribunal Judgment.
Assistance from Lincs Law Employment Solicitors
If you need assistance understanding an Employment Tribunal Judgment and want some guidance about the options available to you, call us on 01522 440512 for a free initial telephone consultation with one of our specialist employment solicitors. Alternatively, for more information about the Employment Tribunal Process, visit our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Managing Director, Specialist Employment Solicitor
Lincs Law Employment Solicitors
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