Gallant v. Stagecoach

The inital tribunal full transcript hasn't been found just a judgement, along with at reconsideration petition, which failed.

Tribunal Judgment

Case No: 2501558/2017
Claimant: Mr. Paul Gallant
Respondent: Stagecoach North East
Heard at: North Shields
Date: 14 March 2018
Employment Judge: A.M.S. Green

Judgment

The tribunal determined that it does not have jurisdiction to hear the claimant’s complaint because the claim was not presented within the required time limit. Specifically:

• The claim was not filed within three months of the effective termination date of 20 July 2017.
• This period was extended by ACAS Early Conciliation until 18 November 2017.
• Since the claim was submitted after this time frame, the tribunal cannot consider the case.

Additional Notes

• Reasons for the judgment were given orally at the hearing.
• Written reasons would only be provided if requested by either party within 14 days.

Tribunal Judgment

Case No: 2501558/2017 Claimant: Mr. Paul Gallant Respondent: Stagecoach North East

Judgment Overview

The claimant’s application dated 21 March 2018 for reconsideration of the judgment sent on 16 March 2018 was refused under Rule 72 of the 2013 Employment Tribunal Rules.

Legal Basis

• The tribunal may reconsider a judgment if necessary in the interests of justice (Rules 70–72, 2013 Rules).
• Applications must be made in writing within 14 days of the original decision.
• Reconsideration is only granted if there is a reasonable prospect of varying or revoking the original decision.
• Finality in litigation is important; unsuccessful parties are not automatically entitled to a second hearing.
• New evidence must meet the Ladd v Marshall criteria:
  1. Evidence could not have been obtained with reasonable diligence before the trial.
  2. Evidence would probably have an important influence on the outcome.
  3. Evidence is credible.

Claimant’s Arguments and Tribunal Findings

• The claimant’s dyslexia did not impair his ability to present the case; no prior mention was made at the hearing.
• Personal hardships, including the impact of Universal Credit sanctions and medical issues, were acknowledged but supported by insufficient evidence.
• The claimant failed to provide medical documentation or timely evidence despite opportunities and advice.
• The hearing’s scope was limited to whether the claim form was filed late; broader allegations were outside its remit.
• The tribunal confirmed no procedural errors or exceptional circumstances warranted reconsideration.

Date: 6 April 2018