A vexatious Employment Tribunal claim is a claim that is being brought by an employee, or a former employee that has no grounds, no prospects of success and is being made maliciously to cause harassment or annoyance to the employer, rather than to seek a resolution to a genuine issue.
It can often happen where a claimant brings claims against multiple employers or recruiters after either minor workplace issues/disciplinary matters or unsuccessful applications.
Whilst these claims on the face of it have no genuine prospect of success and an employer may see little merit in the issues being raised, they can put employers to great expense as they will be required to defend these claims and continue through the Tribunal process.
Given the recent extension to the ACAS early conciliation process and the current backlogs at the Tribunal, the time it takes to process a claim and notify a Respondent can be incredibly lengthy and in some cases be between 6-12 months after the termination of employment.
We would therefore recommend that all employers review their retention periods to ensure that they are not disposing of or destroying documents that would be effective in defence of a claim.
AI is re-shaping the way claims are presented by litigants in person and whilst it can be a useful tool if used effectively, it can be very difficult for employers to understand what the real legal issues are (if any) if the particulars of claim have been produced by AI and there will often be various jurisdictional issues to tackle.
The Tribunal takes a very dim view of vexatious conduct and its attempts to undermine the true purpose of the Tribunal system.
Section 33 of the Employment Tribunals Act 1996 allows for a restriction of proceedings against those individuals who are found to have been a vexatious litigant.
The result of which is that an individual is prevented from commencing proceedings in the ET without first obtaining permission.
However, this a very high threshold to meet and whilst employers may feel that the administrative and costly burdens they face from one individual is sufficient to meet the definition of a vexatious litigant, it is the exception rather than the rule and there are often other tools used to manage a Claimant’s unreasonable claims.
In Employment Tribunal claims it is usually the case that each party bears its own costs. There are however certain situations where the Tribunal may award costs, including the following:
There are other grounds on which a Tribunal may order costs, but these are the ones most often relied upon.
A party can make an application to strike out all or part of a claim if they can show it is vexatious or has no reasonable prospects of success.
This can also be done in response to the conduct of a party and the way the proceedings have been conducted.
Our team can assist with a range of enquiries. If you find yourself on the receiving end of a vexatious Claimant or Respondent and would like further support, please contact us on please contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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