“Offensive” Claimant has his Employment Tribunal claim struck out for unreasonable behaviour | LabourBlawg

“Offensive” Claimant has his Employment Tribunal claim struck out for unreasonable behaviour

by Redmans Solicitors on August 26, 2013

In this story from the IOM Today last week, we learned that a Claimant in the Employment Tribunal had his claim struck out at a hearing for unreasonable behaviour, including turning his back on the Tribunal, packing his belongings, attempting to “blacken” the name of the Respondent’s representative and leaving the hearing early.

Mr Adenaike, a former employee of Paddy Power (on line) Limited, had brought claims for racial discrimination and unfair dismissal at the Employment Tribunal this year after his employment at the firm ended.

Mr Adenaike’s case came before the Employment Tribunal earlier this month in a full hearing and he appears to have reacted badly to either the actions of the Employment Judge or the Respondent’s represenative, leading to his case being struck out for “scandalous, vexatious or unreasonable behaviour.” This behaviour included verbally attacking the Respondent’s representatives for playing “cat and mouse” games and then, in what appears to have been a fit of pique, packing his belongings, turning his back on Employment Judge Roberts, who was chairing the hearing, and leaving the Employment Tribunal. The Respondent appears to have then taken the opportunity to submit an application to strike Mr Adenaike’s claim out, an application which was upheld by Employment Judge Roberts.

Employment Judge Roberts stated in her judgment that she had found that Mr Adenaike had “conducted his case in an unreasonable, disruptive and unruly manner. He has persisted to a point almost beyond patience of anyone. I find that Mr Adenaike has used the tribunal to vilify others namely the advocates for the Respondent. There is no doubt he accused them of conduct, ploys, playing cat and mouse, playing hide and seek and victimising him. I do not find any evidence of a ploy, victimisation or cat and mouse games on the part of the Respondent`s advocates. I find that not only has Mr Adenaike behaved scandalously, vexatiously and unreasonably, but that he has conducted the proceedings in such manner as well.”

Chris Hadrill, an employment solicitor at law firm Redmans, commented: “Claimants should expect probing and difficult questions at the Employment Tribunal but should conduct themselves in a manner which gives both the Tribunal and the other parties the appropriate respect in that setting. Having a temper-tantrum in the Employment Tribunal is a sure-fire way to potentially having your claim struck out and – in the worst case scenario – an award for costs made against you.”

Redmans Solicitors are unfair dismissal solicitors and offer settlement agreement advice to employees and employers

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