If you're an employer, you may be wondering how to stop a vexatious Employment Tribunal claim. Unfortunately, there is no easy answer, as each case is unique. However, there are some general principles that can help you deal with vexatious claimants.

Firstly, it's important to remember that vexatious claimants are often motivated by a desire to cause disruption or harm to your business. As such, you should be prepared for them to use any means necessary to further their objectives. This may include making false or misleading statements or providing inaccurate information.

Secondly, you should try to avoid giving vexatious claimants the opportunity to cause disruption. This may mean ignoring their communications or refusing to engage with them in any way. If you do need to communicate with a vexatious claimant, be sure to do so in a calm and professional manner. While ignoring attempts to disrupt your business, you must not ignore the Tribunal.

Thirdly, you should keep detailed records of all communications with vexatious claimants. This will help you to identify patterns of behaviour and may be useful if you need to take legal action against them. It will also help you persuade a Tribunal that a claimant is acting unreasonably.

Finally, it's important to seek professional advice if you're dealing with a vexatious claimant. We have specialist solicitors who can help you to understand your options and take the necessary steps to protect your business. We are able to assess the merits of the claim and advise you on the best course of action to take. In order to stop such claims, we can help you apply to strike out the claim and/or seek costs.

What constitutes vexatious behaviour?

There is no definitive answer to this question, as it will vary depending on the context and situation. However, some common examples of vexatious behaviour include:

• making baseless or frivolous complaints
• filing multiple claims against someone without any legitimate basis
• making vexatious requests for information or records
• repeatedly sending harassing or abusive communications
• engaging in conduct that is intended to disrupt or interfere with another person's lawful rights or activities.

How do I know if an employee is being vexatious?

It will usually be quite apparent to you, but there are a few key indicators that a complaint may be vexatious or malicious:

• It is disproportionate to the issue at hand.
• It is repetitive or has been made before.
• It is clearly based on unfounded or untrue allegations.
• It appears to be motivated by malice or ill will.
• It is intended to cause annoyance, disruption, or waste of time.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023