Employment Tribunal Reconsideration Application Process

An Employment Tribunal reconsideration application is a formal request asking the Tribunal to review and potentially change its own judgment or decision. It is a limited legal mechanism used in England and Wales where a party believes that the Tribunal has made an error in law, fact, or procedure, or where new evidence has come to light that could not reasonably have been presented earlier.

Reconsideration is not an appeal. It is a discretionary process governed by strict rules, and it is only granted in limited circumstances where the interests of justice require it.

What a Reconsideration Application Is

A reconsideration application is a request made to the same Employment Tribunal that issued the original decision, asking it to:

• Set aside or vary the judgment
• Reopen the case
• Correct a material error
• Consider new evidence
• Address procedural irregularities

The Tribunal may either deal with the application on paper or list a hearing to determine whether reconsideration should be granted.

Legal Framework

The process is governed by the Employment Tribunals (Constitution and Rules of Procedure) 2013, particularly the provisions relating to reconsideration of judgments.

Key principles include:

• Reconsideration is discretionary, not automatic
• It is only granted where it is in the interests of justice
• Finality of litigation is a strong competing principle
• Applications must be properly evidenced and justified

Tribunals are generally cautious in reopening decided cases.

Grounds for a Reconsideration Application

A Tribunal may reconsider a judgment if one or more of the following applies:

1. Error of law or fact

• Incorrect application of legal principles
• Misinterpretation of evidence
• Failure to consider relevant material

2. Procedural irregularity

• A party was not given a fair opportunity to present their case
• Failure to follow Tribunal procedure rules
• Serious case management errors affecting fairness

3. New evidence

New evidence must:

• Not have been available at the original hearing
• Be relevant and potentially decisive
• Be capable of affecting the outcome

4. Interests of justice

A broad discretionary ground where the Tribunal considers it necessary to correct unfairness or prevent injustice.

What Is Not a Valid Basis

A reconsideration application will not usually succeed if it is based on:

• Mere disagreement with the outcome
• Attempts to re-argue the case
• Evidence that could have been produced earlier with reasonable diligence
• General dissatisfaction with findings of fact

The Tribunal will not treat reconsideration as a second hearing.

Time Limit for Reconsideration Applications

An application must generally be made:

• Within 14 days of the date the written judgment was sent to the parties

The Tribunal may extend this time limit, but only where:

• There is a good reason for delay
• The application has merit
• It is in the interests of justice

Late applications face a significantly higher threshold.

How to Make a Reconsideration Application

Step 1: Prepare a written application

The application should clearly set out:

• The judgment or decision being challenged
• The grounds for reconsideration
• Why the Tribunal should reopen the case
• Supporting legal arguments and evidence

Step 2: Provide supporting evidence

This may include:

• New documents
• Witness statements
• Legal authorities
• Explanations of procedural issues

The evidence must be relevant and clearly linked to the application.

Step 3: Submit the application to the Tribunal

Applications can be submitted:

• By email or online (where available)
• By post to the Tribunal office
• Through legal representatives

A copy must usually be sent to the other party.

Step 4: Response from the other party

The opposing party may:

• Oppose the application
• Argue it is without merit
• Challenge any alleged errors or new evidence

How the Tribunal Deals With Reconsideration Applications

The Tribunal follows a two-stage approach.

Stage 1: Initial consideration (on paper)

A Judge reviews the application and decides whether:

• It discloses a reasonable prospect of success
• A hearing is necessary
• The application should be dismissed immediately

Stage 2: Reconsideration hearing (if required)

If the application is not dismissed outright, a hearing may be listed where:

• Both parties make submissions
• The Tribunal considers evidence and arguments
• The Judge decides whether to vary or set aside the original judgment

Possible Outcomes

The Tribunal may:

1. Refuse reconsideration

The original judgment remains unchanged.

2. Vary the judgment

Minor corrections or adjustments may be made.

3. Set aside the judgment

The original decision is cancelled and the case may be reheard.

4. Order a new hearing

A fresh hearing may be scheduled before the same or a different Tribunal.

Key Legal Test: Interests of Justice

The central question in most applications is whether reconsideration is required in the interests of justice.

Factors considered include:

• Fairness to both parties
• Finality of litigation
• Strength of the original case
• Significance of the alleged error
• Impact of new evidence
• Whether the outcome would likely change

Relationship to Appeals

It is important to distinguish reconsideration from an appeal:

• Reconsideration is handled by the same Tribunal
• Appeals are made to the Employment Appeal Tribunal (EAT)
• Reconsideration focuses on fairness, procedure, and new evidence
• Appeals focus on errors of law

A party may pursue both routes in certain circumstances, but they are distinct processes.

Common Reasons Applications Fail

Reconsideration applications are frequently refused where:

• The application merely re-argues the case
• No new evidence is provided
• The alleged error is not material
• The application is out of time without justification
• The Tribunal considers the case was fairly decided

Practical Steps Before Applying

A structured approach includes:

• Reviewing the judgment carefully
• Identifying specific legal or factual errors
• Checking whether new evidence truly was unavailable earlier
• Assessing whether the issue is appealable instead
• Preparing clear and concise submissions
• Ensuring compliance with time limits

Risks of Making a Reconsideration Application

Potential risks include:

• Additional legal costs (if applicable)
• Strengthening the other party's position if application is weak
• Delay in final resolution of the dispute
• Tribunal criticism for unmeritorious applications

Final Thoughts

The Employment Tribunal reconsideration application process provides a limited mechanism for challenging Tribunal decisions where there has been a material error, procedural unfairness, or genuinely new evidence. It is not a general appeal route and is applied strictly under the interests of justice test.

Applications must be made promptly, clearly justified, and supported by evidence. The Tribunal retains broad discretion and prioritises finality, meaning only well-founded applications are likely to succeed.