This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to reconsideration of Employment Tribunal judgments in England and Wales. Explains when and how to apply for reconsideration, relevant time limits, procedural steps, possible outcomes and how it differs from an appeal to the Employment Appeal Tribunal.
When an Employment Tribunal issues a judgment, that decision usually finalises the issues in dispute. In some cases, however, the tribunal itself can revisit and reconsider its judgment. Reconsideration is a distinct process from an appeal and serves to correct significant mistakes or address exceptional circumstances that affect justice. Understanding how reconsideration works, when it is available, and how it interacts with appeals is essential for anyone involved in employment disputes in England and Wales.
What Is Reconsideration?
Reconsideration of a judgment is a procedure that allows an Employment Tribunal to review and potentially change its own decision. This process is governed by the Employment Tribunal Procedure Rules 2024 (Rule 68–70), which explicitly permit reconsideration on the tribunal's own initiative or on application by a party where it is necessary in the interests of justice.
On reconsideration, the tribunal may:
- Confirm the original judgment (leave it unchanged).
- Vary the judgment (change specific aspects).
- Revoke the judgment entirely, after which the tribunal may take the decision again, possibly reaching a different outcome.
Reconsideration is a discretionary tool; tribunals will not reopen cases simply because a party disagrees with the result. Instead, there must be a compelling reason tied to justice or fairness.
When Reconsideration Can Be Requested
There are two primary circumstances in which reconsideration may arise:
1. Application by a Party
A party to the proceedings may apply for reconsideration if something has gone wrong at or in connection with the hearing or if new circumstances or evidence have emerged since the judgment was issued. Examples might include:
- Procedural mistakes during the hearing.
- New evidence that could not have been obtained before the hearing despite reasonable diligence.
- Clerical or administrative errors in the written judgment or reasons.
2. Tribunal Initiative
The tribunal may decide on its own initiative to reconsider a judgment, including where direction from the Employment Appeal Tribunal (EAT) suggests the original decision contains an error or injustice. In such cases, the tribunal must inform the parties that reconsideration is being undertaken and why.
How to Apply for Reconsideration
Time Limits
Except when made in the course of a hearing, an application for reconsideration must be made in writing and sent to the tribunal within 14 days of the later of:
- The date on which the written record of the judgment was sent to the parties.
- The date on which the written reasons were sent, if these were provided separately.
If written reasons were issued later than the judgment, the 14‑day deadline runs from the later date. This ensures parties have adequate information before applying.
Content of the Application
An application must:
- Be in writing (unless made at or during the hearing).
- Set out why reconsideration is necessary and explain what has gone wrong or what new evidence exists.
- Be copied to all other parties in the case.
Simply asserting dissatisfaction with the outcome without articulating a basis tied to the interests of justice is unlikely to succeed.
How the Tribunal Considers Reconsideration
Once an application is received:
- The tribunal first considers whether there is a reasonable prospect of varying or revoking the original judgment. If not, the application is refused and the parties are informed.
- If there is a reasonable prospect of altering the judgment, the tribunal invites written representations from the parties and asks whether a hearing is necessary.
- The tribunal may decide to determine the application without a hearing if written material suffices; otherwise, it will schedule a hearing.
At reconsideration, the tribunal weighs whether reconsideration is indeed in the interests of justice. This is a flexible concept meant to capture situations where a fair trial or decision was undermined by error or new circumstances.
Possible Outcomes of Reconsideration
- Confirmation: The tribunal confirms its original judgment.
- Variation: The tribunal alters part of its original decision.
- Revocation: The tribunal revokes the judgment entirely and may rehear the matter or treat it as unsettled.
If the judgment is revoked, the tribunal is not bound to reach the same conclusion when it retakes the decision. This may lead to a materially different outcome.
Reconsideration vs Appeal
Reconsideration and appeal are separate processes:
- Reconsideration is a review by the same tribunal to correct errors or address injustice in its own judgment, typically on procedural grounds or new evidence.
- Appeal to the Employment Appeal Tribunal (EAT) is a review on a point of law, not just procedural fairness or new evidence.
An application for reconsideration does not extend or affect the time limit for appealing to the EAT. Parties must still observe strict appeal deadlines even if they are awaiting a reconsideration decision.
Practical Considerations
When Reconsideration Is Most Used
Reconsideration is typically pursued where:
- There has been an obvious procedural error.
- Significant new evidence emerges that directly undermines the basis of the judgment.
- A party did not receive proper notice of the hearing and was unable to participate.
Instances where reconsideration succeeds are less common than routine appeal rights, as tribunals are cautious about reopening concluded matters.
Procedural Requirements
Applications must be carefully drafted to identify why the interests of justice require reconsideration and, where appropriate, attach new evidence with explanation. Clear reasoning improves the prospects of a tribunal accepting the application for further consideration.
Interaction with Evidence
If a party seeks to introduce new evidence, the application should explain why the evidence was not available earlier and how it changes the context of the original decision. Without such justification, reconsideration is unlikely to be granted solely on the basis of fresh material.
Key Takeaways
Reconsideration of tribunal judgments in England and Wales is a distinct legal mechanism allowing a tribunal to revisit its own decisions when justice requires it. Applications must be made in writing within 14 days of receiving the judgment (or written reasons) and must explain the basis for reconsideration. The tribunal may refuse, confirm, vary or revoke its original decision upon reconsideration. This process differs from an appeal to the Employment Appeal Tribunal, which focuses on legal error rather than procedural fairness or new evidence. Parties should carefully assess whether reconsideration is appropriate and prepare detailed applications to maximise the likelihood of a successful review.
