Do you feel employment legislation is being written for the sole purpose of making your life as a business owner, more difficult? 

You’re not alone. 

Business owners are finding it harder and harder to make sound commercial decisions in fear they’ll say or do the ‘wrong thing’. 

The sad fact is, they have every reason to be cautious.  

Employees are submitting claims at an alarming rate even though they have little or no supporting evidence. 

These actions can be costly for employers both in time and money.  

GOOD NEWS!  

In exceptional cases, an ‘award of costs’ can be made to employers where: 

• the employee acted vexatiously, abusively, disruptively or otherwise unreasonably in bringing the claim, or in the way it was conducted; 
• a claim (or defence to a claim) had no reasonable prospect of success; or 
• the employee is in breach of ET orders, or a hearing has had to be postponed. 

What is a vexatious claim? 

A vexatious claim refers to a legal complaint brought by an employee, or former employee, against their employer that is considered frivolous, groundless or intended to cause harassment or annoyance, rather than to seek a legitimate resolution to a workplace dispute. Such claims can be disruptive, time consuming and costly for the employer. 

Sound familiar?? 

Consider this: 

In a recent ET decision, English law firm Duncan Lewis Solicitors was awarded £20,000 in costs after an employment tribunal found the former employee was vexatious and conducted the ET proceedings unreasonably. 

All allegations made by a former employee against the firm were dismissed by the employment tribunal. The claimant alleged she had been discriminated against during her three months with the firm and deliberately not allocated work. Her claims were found to have had no reasonable prospect of success. 

The employment judge stated the former employee “has been rude and disruptive. At times she has sought to do that which is most likely to frustrate and inconvenience the respondent. She has acted both unreasonably and vexatiously. She was given proper opportunities to withdraw from this and failed to do so.” 

The tribunal awarded Duncan Lewis Solicitors £20,000 in costs – the most a tribunal can order without requiring the costs to be audited by the court.  

Our advice – as always – is to call us before a niggle becomes a nightmare. We can help you to manage a contentious workplace issue before it gets anywhere near a tribunal.  

Contact us for advice thehelens@complexhr.co.uk