DAC Beachcroft makes an innovative High Court claim to stop a serial litigant bringing claims in the Employment Tribunal

Serial and vexatious litigation from employees can be a serious issue for employers in the Employment Tribunals as historically, there has been nothing to stop such individuals from issuing repeated unmeritorious claims in that arena. However, other Civil Courts such as the County Court are able to stop such vexatious litigation via a Civil Restraint Order ("CRO"). A CRO restrains an individual from bringing litigation against another party, without first obtaining the permission of the High Court. If the individual breaches such an Order, they can be held in contempt of Court.

In a precedent setting claim to the High Court, DAC Beachcroft acted for a public sector organisation and successfully argued that CROs can be used to cover Employment Tribunal proceedings and that such an Order should be issued against the organisation's former employee in order to prevent further pursuit of vexatious and unmeritorious litigation against the organisation in the Employment Tribunal.

The ability to obtain a CRO is now a new tool in the Employment Tribunal armoury against vexatious litigation that offers employers very real protection.