What Is Reconsideration
Reconsideration is the process by which the employment tribunal that made a decision can review and potentially change it. Either party can apply for reconsideration of a final decision.
Reconsideration is distinct from an appeal to the Employment Appeal Tribunal. An appeal goes to a different court on a point of law. Reconsideration is a request to the same tribunal to look again at its decision.
Grounds for Reconsideration
The tribunal can reconsider a judgment if it is "in the interests of justice" to do so. Examples of when this may apply: the decision was wrongly made as a result of an administrative error, a party did not receive notice of the proceedings, the decision was made in the absence of a party, new evidence has become available, or the interests of justice otherwise require it.
Reconsideration is not a mechanism to re-argue the same points on the same evidence. It is for situations where something went wrong procedurally or where evidence was not available at the hearing.
Time Limit
An application for reconsideration must be made within 14 days of the date the decision was sent to the parties. This is a very short time limit. If you think you have grounds for reconsideration, act immediately.
The time limit can be extended in exceptional circumstances, but this is rare. If you miss the 14-day window, your only option is likely to be an appeal to the EAT if there is an error of law.
How to Apply
Write to the employment tribunal explaining which decision you are asking to be reconsidered, the grounds on which you say reconsideration is in the interests of justice, and what outcome you are seeking. There is no prescribed form.
The other party must be notified of the application. The tribunal judge will consider the application, usually on the papers without a hearing.
Relationship with Appeal
You can apply for reconsideration and appeal to the EAT simultaneously to protect your position. However, if reconsideration is granted and the tribunal changes its decision, the original appeal may be academic.
In most cases, it is worth applying for reconsideration first if there are clear procedural grounds, because it is faster and cheaper than an EAT appeal.