Defending a vexatious Employment Tribunal claim

We helped an employer who was involved in a proposed transfer of part of their business to another company.

TUPE staff representatives were elected and a consultation procedure duly followed. The transferee proposed post transfer redundancies for all transferring staff members who were unwilling to relocate to where the other business was based. An employee indicated she would not be willing to relocate and before the transfer secured alternative employment and resigned.

Her resignation was confirmed on notice with termination prior to the transfer date with no entitlement to redundancy. The claimant attempted to withdraw resignation but the employer refused. The claimant issued grievance on the final day of employment and issued an Employment Tribunal claim for constructive dismissal, redundancy pay and disability discrimination.

We filed the defence on behalf of the employer and immediately gave a costs warning to the claimant on the grounds that her claim was vexatious and without merit. An application for strike out of all or part of the claim and/or a deposit order was made.

This was listed for a preliminary hearing to consider our application and we advised the employer on a commercial settlement. During considerable settlement discussions we negotiated a commercial settlement and agreed terms.