Employment tribunals: strike out: abuse of process

EMPLOYMENT TRIBUNALS

Strike out

Abuse of process

Case? Pady and others v HMRC and others [2024] EAT 73

Facts? P and others, supported by the FDA union, complained of age discrimination related to the Civil Service Compensation Scheme (CSCS). When the complaints were lodged there were similar claims which were subject to a case management order. At a preliminary hearing on justification, the ET upheld the employer’s justification defence and the similar claims were dismissed. P and others sought to continue their claims. The ET ruled that this would be an abuse of process in that it would be scandalous, unreasonable or vexatious and the claims were struck out. P and others appealed to the EAT.

Decision????? 1. The appeals were dismissed.

2. the power of the ET to strike out the claims as an abuse of process was based on the public interest in finality in litigation and the principle that a party should not be twice “vexed” in the same matter.

3. The ET had been entitled to conclude that allowing the issue of justification to be re-opened would be manifestly unfair to the employers and would bring the administration of justice into disrepute. There was no error of law in striking out the claims.??