Under rule 18 of the Employment Tribunal Rules, an Employment Tribunal or employment judge has the power to strike out any employment tribunal claim or response on the following grounds:
- If it is scandalous or vexatious
- If it has no reasonable prospect of success
- If the manner in which the proceedings have been conducted by or on behalf of a party has been scandalous, unreasonable or vexatious
- If the claim has not been actively pursued
- If a party does not comply with an order or practice direction
- If the judge or tribunal consider that it is no longer possible to have a fair full hearing
This power was exercised in a recent case where an employee took his employer to the Employment Tribunal for unfair dismissal. During the course of the proceedings the principle witness for the employer threatened the employee in the car park of the tribunal making aggressive comments like “watch how you sleep at night” and “me and you – 10 minutes up the road now”.
The Tribunal found that this threatening behaviour had genuinely scared the employee and that as a result of this intimidation the employee would not be able to give evidence without fear of the consequences. Therefore the threatening conduct of the employer’s witness made the trial unfair.
As a result of the employer’s intimidating behaviour, the Tribunal struck out the employer’s response to the claim and barred them from taking any further part in the proceedings. The employee went on to be awarded £14,000 in damages.
If you are a claimant or a respondent to an employment tribunal claim you must ensure that you stay calm, reasonable and objective at all times. By reacting in a vexatious or unreasonable way you will only damage your chances of successfully winning an employment tribunal claim. Allow us, as your solicitors to fight your battles for you!
If you require any further information on any of the above, please contact any member of the Employment Team at Follett Stock on 01872 241700.
Email Verity 
