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VEXATIOUS LITIGATION: How to stop serial claimants in their tracks

02 December 2016  

Angharad Harris explores ways for employers to deal with vexatious litigants, such as job applicants simply seeking a discrimination award

The term ‘vexatious litigant’ is bandied around in the context of employment tribunal claims. Indeed, while the government did not explicitly say that it intended the introduction of tribunal fees in 2013 to deter vexatious claims, this was referred to in the consultation and ministers have subsequently claimed that fees have had this effect. It has, however, always been rare for employers and their advisers to have to deal with a genuinely vexatious litigant – as opposed to one whose claim is simply weak or unmeritorious. The cases discussed below consider what makes a claimant ‘vexatious’, what the difficulties are for employers and their advisers when they are faced with a serial litigant and what tools are available to use in these circumstances.

Additional Info

  • Case(s) Referenced:

    HM Attorney General v Barker [2000] EWHC 453

    HM Attorney General v Bentley [2012] UKEAT/0556/11/RN

    HM Attorney General v Iteshi [2014] UKEAT/0435/13/RN

    Keane v Investigo [2009] UKEAT/0389/09/SM

    C-423/15 Kratzer v R+V Allgemeine Versicherung [2016] WLR (D) 432

    Nursing and Midwifery Council and the Hospital Trust & anor v Harrold [2015] EWHC 2254 (QB)

    PricewaterhouseCoopers LLP v Popa (Unreported, 14 March 2016)