Dealing with vexatious employment tribunal litigants

It is anyone’s guess how many vexatious employment tribunal litigants there are. Their prevalence has been used to justify the planned introduction of tribunal fees; there is at least one website service enabling respondents to search against a serial litigant database. Advisers facing this issue should be aware of the various options available.

One or more applications can be made for: (i) strike-out; (ii) a costs order; (iii) a High Court CRO; or (iv) an RPO following an application by the Attorney General. A complaint of harassment may also be an option.

In 2011–12, 186,300 claims were brought in the employment tribunal. Of these, 59,200 were pursued by individual claimants. In broad terms, 13 per cent of all jurisdictional complaints were struck out — some, no doubt, for being brought or pursued vexatiously or unreasonably…

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