Reconsideration-ET

[compromise]

How do I request reconsideration for a judgement? The tribunal dismissed my case for unfair dismissal due to permanent contract being less than 2 years. I was working 7 months on a on a interim maternity cover (via agency/umbrella PAYE) then became permanent (18 months). Total continuous employment = 25 months. No break in between. Struggling to understand

[ULA]

In accordance with section 71 of the The Employment Tribunals Rules of Procedure 2013 "... an application for reconsideration shall be
presented in writing (and copied to all the other parties) within 14 days of the date on which the written record, or other written communication, of the original decision was sent to the parties or within 14 days of the date that the written reasons were sent (if later) and shall set out why reconsideration of theoriginal decision is necessary."

Were you engaged on a permanent contract with the agency via whom you worked for the company for the 7 months or via a contract for services with them. If the former then your employment rights are with the agency for the 7 months up until the point you became permanent with the company, thereafter your employment rights commenced with the company. If the latter then it is up to the tribunal to determine whether or not you should be considered an employee from the start of the 7 months interim cover you did.

As a matter of interest what date was given for the start of your employment with the company?

[compromise]

I was on one months notice whilst in the interim role. I was told when I started that there was potential to go permanent (which is what happened) and why I accepted the role. The start date on my contract relates to the date of my permanent role. My understanding was that the tribunal would look a the reality of the employee-employer relationship (duck test etc.) I had to register with an umbrella company in order to get paid because the agency didn’t have a payroll

[compromise]

I wasn’t on a permanent contract with the agency.

[ULA]

So were you on a contract for services with the agency?
Alternatively was the umbrella company there because you are a self-employed contractor using this as a vehicle to work through (via the agency) instead of setting up your own limited company?
The questions are because I need to fully undertand your employment status with the agency/umbrella company.

[compromise]

1) I was approached by an agency for a 12 month contract to cover maternity (I had never done this kind of thing before)
2) I was interviewed/assessed by the company (not agency) the same as if I was applying for a permanent job
3) I was told in the interview there was the possibility of becoming permanent during this period.
4) During this period, the role was upgraded, the person I was covering was put at risk of redundancy
5) The person I was covering was actually covering the maternity (I was subsequently covering them!)
6) All the tasks in the redundant role remained in the upgraded role.
7) I still had to apply for the permanent role and was successful without interview.
8) I had an overarching agreement with the Umbrella for PAYE (not Limited)
9) It was a condition of the agency that I had to use 1 of 6 specified umbrella companies if I was NOT Limited.
10) The company are claiming that no interview notes exist for either interview (Energy company - turned PLC in the 1980's)
11) Line Manager claiming I did have interview but destroyed notes
12) Agency advised me I been on 1 month notice with company whilst on maternity cover
13) Line manager claimed that he could simply request a substitute from agency if I was not performing ( they would have been subjected to the same interview process, I think he was just making it up in court).
14) I now have found additional evidence of the contracts in archived emails which I didn't have for the FH
15) The respondent produced no documentary evidence at all regarding this period of employment
16) I was basically working as an employee (team events, same fixed hour of working hours, free tea/coffee etc.etc.)
17) a Preliminary Hearing was not held to establish my continuous employment (I was representing myself)
18) There is an anonymity order on this case for myself

thanks for your help assistance

[compromise]

I have had 2 deadline extensions granted for reconsideration (now 18th December 2020)
Appeal deadline is January 1st 4pm 2021

[ULA]

Ok so you when you present your application for reconsideration, which is the first stage you will need to go through, you will need to provide good reasons. These will need to concentrate on, for example, the following aspects of the original hearing:

1. The tribunal made a mistake in the way it reached its decision.
2. There’s new evidence that was not available at the time of the hearing but has since "come to light" and potentially has an impact on the judgement.

[compromise]

Are they the only 2 reasons you can put on the reconsideration application or is there any more? E.g. is there a list of reasons available.

I am trying to get legal assistance with my home insurance but it’s very very slow.

[ULA]

There is one another reason but from what you have said would not apply in this case which is that, the decision was made in the absence of the party who did not receive notification of the hearing or who was absent for another very good reason.

The examples I have given are where success is potentially possible. You will not be successful in changing the decision unless you have a strong grounds and can clearly show that it is in the interests of justice to change the tribunal’s decision in asking for a reconsideration.

[compromise]

Thanks for the advice. I've submitted my application for reconsideration (on Friday18th September). I've had no response yet and the deadline for submitting an appeal is 4pm Monday 4th January 2021. Obviously Christmas is probably causing a response.2 questions

1) If reconsideration happens...is the appeal deadline reset?
2) Section 3 on the EAT1 form - The appellant appeals from (here give particulars of the judgment, decision or order of the employment tribunal from which the appeal is brought including the location of the employment tribunal and the date)....Do I need to put what the actual judgement is? or just the Tribunal address details...bit confused

[compromise]

Friday 18th December reconsideration was sent (don't know why I typed September)

[ULA]

Under 3.2 of the "Practice Direction (Employment Appeal Tribunal - Procedure) 2018" it details that even if you have not had a judgement or decision on reconsideration you still need to submit the appeal on time but state that judgement is awaited.

If you are going to the EAT then you need to familiarise yourself with the rules and procedures, for which i have given the link to these if you have not already accessed them.

https://www.judiciary.uk/wp-content/...-19-09-19-.pdf

[compromise]

My tribunal decision has been made public with my name on. There is a rule 50 order for anonymity but this appears to have been ignored. What should I do? I should be refered to as 'AB' as per the order.

[ULA]

Have you notified the Tribunal of this? If not then you need to do that as soon as you can.