2 May 2008
Intimidation of litigants
Two recent decisions confirming that the good conduct of employers and their witnesses is vital during tribunal proceedings.
In Force One Utilities Ltd v Hatfield the Employment Appeals Tribunal (EAT) affirmed the Tribunal's decision to strike out the employer's Response and bar its further participation in the proceedings on account of the conduct of the employer's principal witness towards the claimant. The employer's witness had made a serious threat of physical harm to the claimant in the car park outside the tribunal, which included a threat that he should be careful "how he slept at night". The witness had also blocked the car park exit with his own car for some five or ten minutes, thereby blocking the claimant's exit route and inconveniencing other vehicles.
In Nicholls v Corin Tech Ltd and Others the employer threatened the claimant outside a lift in the Tribunal building after the end of the hearing. The EAT agreed that the claimant was able to rely on the conduct to establish a claim of victimisation. The EAT also found that, if it could be proven that the conduct was intended to discourage the claimant from continuing with his proceedings, it would be sufficiently closely connected with the employment relationship to amount to a unlawful post termination harassment.
Employers and their witnesses are advised to refrain, however tempted they may be, from using threatening or intimidating behaviour towards claimants.
For further information, please contact Felicity Larter: flarter@vwl.co.uk.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
