Serial litigants

20 Jul 2012

Her Majesty's Attorney General v A Bentley

Mr Bentley, apparently a qualified photographer and entertainer, made 29 Tribunal claims between 3 January 2009 and 29 September 2011 and in total, he made 31 Tribunal claims and failed to turn up at any of the scheduled hearings.

His claims arose after he responded to job advertisements or informed employers that he was available for work.  When he did not get the job or any work, he claimed age or disability discrimination and, in his more recent claims, victimisation.

The Employment Appeal Tribunal (EAT) has now ordered that he cannot lodge any new claims in an Employment Tribunal without getting the Employment Appeal Tribunal's prior permission.  Because of the nature of Mr Bentley's claims, the EAT's Order has been put in place for an indefinite duration.

This is in accordance with s.33 of the Employment Tribunals Act, and is to protect the reputation of the legal system and also potential Respondents. 

Our view:

Serial claimants make claims in the hope that employers will pay them off because that is cheaper than defending the claim.  If you suspect that a Claimant may have a habit, we can help you check the Tribunal's records to establish whether your concerns are merited.