Practice manager's unfair dismissal claim dismissed after settlement and revocation of decade-old judgment

A decade-long dispute ends with revocation and withdrawal

This case illustrates how an unfair dismissal claim can take an extraordinary path when key evidence is withheld at the original hearing. The practice manager was dismissed in 2012 for alleged financial impropriety, and the respondent conceded unfair dismissal at the 2014 hearing. However, the tribunal found her guilty of misconduct and awarded no compensation, largely based on evidence from the respondent's director.

Years later, in 2018, the respondent disclosed 855 pages of financial documents that had not been produced at the original hearing. These documents cast doubt on the tribunal's findings. The claimant then sought to challenge the 2014 judgment, but faced procedural hurdles because of the long delay. After a failed appeal to the Employment Appeal Tribunal and a refused extension of time, the parties eventually reached a settlement in 2022.

What could have been done differently

The respondent's failure to disclose financial records at the original hearing was a critical flaw. If the claimant had sought specific disclosure orders at the time, the outcome might have been different. The tribunal noted that the claimant did not challenge the lack of disclosure during the 2014 hearing. For employers, this case is a reminder that withholding relevant documents can undermine a tribunal's findings and lead to costly litigation years later.

Why this result matters

The tribunal's decision to revoke the 2014 judgment shows that even after many years, the interests of justice can require revisiting a case when new evidence emerges. However, the claim was ultimately dismissed on withdrawal as part of a settlement, so no compensation was awarded. This outcome highlights the importance of early disclosure and the potential for settlement agreements to resolve long-running disputes, even after a final judgment.