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Vexatious Litigants and Costs |
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The employment discrimination legislation applies to applicants for jobs as well as those in employment. The result is that the less scrupulous members of the public have been able to make a discrimination claim when there is no real intention of ever working for an employer. The Employment Appeal Tribunal has dismissed four appeals recently by alleged serial litigant Mr John Berry. Mr Berry was the subject of a critical article in the Times earlier in 2010. Mr Berry allegedly scours the internet for job adverts which might be held to be potentially discriminatory and poorly drafted (e.g. for a “recent school leaver” or for someone with “youthful energy”) and brings an age discrimination claim (he himself is over 50). By pursuing this line of “work” he has managed to allegedly settle many cases for thousands of pounds, because the employers are keen to avoid litigation.
The EAT made clear that whilst it was not in a possession to assess Mr Berry’s motivation in bringing his claims (Mr Berry did not attend the Hearing) it has stated that in general those who seek to exploit the discrimination legislation for financial gain are liable to find themselves facing liability for costs.This has always thought to have been the case, however there is now a clear Judgment from the Appeal Tribunal supporting an employer’s application for costs in those circumstances.
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