What Are 'Vexatious Claims' and How Should They be Handled?

A 'vexatious claim' is brought with malice, because its underlying intention is to harass, inconvenience or subdue an organisation. Vexatious claims may take the form of a single, primary court action, or they may be small and repeated claims dragged into an otherwise legitimate case. Either way, you should go in knowing where you stand and how to handle the situation.

Filing vexatious claims is an abuse of the court system, and those found guilty can be sanctioned. Someone bringing false accusations to an employment tribunal can have a huge impact on a company, not least the expenses which can be incurred defending themselves. There's also the time wasted, lost productivity and – perhaps most significant of all – the potential reputational damage.

While you're not always able to deter litigants from making vexatious claims, there are some things you can do to strengthen your own case.

Firstly, if you suspect the employee has a history of vexatious litigation, you can do a bit of digging. All the most recent tribunal judgments are now available online, so you can see if they're a repeat offender when it comes to filing complaints.

Secondly, the Attorney General holds a 'vexatious litigants' list, so check whether their name appears on it. You could also see if they've been placed under a civil restraint order, which would bar them from issuing claims.

If you think they have no legitimate claim, highlight the weakness of their case on the ET3 Grounds of Response.

Finally, issue them with a warning that you will pursue them for the costs incurred if they continue with the court action and ultimately fail.

**Guidance only relates to scenarios faced within the United Kingdom.