Cases3301610/2025

Claimant v London Borough of Harrow

8 July 2025Before Employment Judge RakhimWatfordremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(sex)struck out

The claim was struck out under Rule 38(1)(a) because it was scandalous, vexatious, and had no reasonable prospect of success. The ET1 contained no particulars of any acts or conduct by the Respondents that could amount to unlawful treatment. The tribunal found the claim was part of a pattern of serial litigation by the claimant, who had previously issued 47 claims since 2016 and 7 linked claims against London Borough of Barnet, all of which had been struck out. The respondents were legal representatives acting in the course of previous proceedings, and their conduct was protected by judicial proceedings immunity.

Harassmentstruck out

The claim was struck out under Rule 38(1)(a) as it was scandalous, vexatious, and had no reasonable prospect of success. No specific acts of harassment were pleaded in the ET1. The claimant provided no particulars of any conduct by either Respondent that could constitute harassment. The tribunal found this was part of a vexatious pattern of litigation targeting legal representatives who were simply doing their job in earlier proceedings.

Victimisationstruck out

The claim was struck out under Rule 38(1)(a) for being scandalous, vexatious, and having no reasonable prospect of success. The claimant failed to identify any protected act or any detrimental treatment by the Respondents. The tribunal found that any communications between the Respondents and the claimant arose solely in the context of defending earlier proceedings and were protected by judicial proceedings immunity.

Whistleblowingstruck out

The claim was struck out under Rule 38(1)(a) as scandalous, vexatious, and having no reasonable prospect of success. The claimant provided no particulars of any protected disclosure or any detriment suffered as a result. The tribunal found the claim was unparticularised and the Respondents could not sensibly respond to it. The claimant's belief that the First Respondent had a duty to act on information was speculative and unsupported by any legal duty or pleaded facts.

Facts

The claimant was employed as a Residential Homes Manager at a children's home from July 2023 until his dismissal on 14 February 2024. He subsequently brought 7 linked claims against London Borough of Barnet and various individuals, which were all struck out or dismissed for failure to pay deposit orders by May 2025. The claimant then brought this claim against London Borough of Harrow (who provided legal services to Barnet) and Caroline Rowlands (an agency worker engaged by Harrow). The claim alleged sex discrimination, harassment, victimisation and whistleblowing but contained no particulars of any acts or conduct by these Respondents. The tribunal found the claimant was a serial litigant with at least 47 prior claims since 2016, engaging in litigation by attrition.

Decision

The tribunal struck out all claims under Rule 38(1)(a) on the grounds that they were scandalous, vexatious and had no reasonable prospect of success. The ET1 contained no pleaded acts or omissions by either Respondent that could amount to unlawful conduct. The tribunal found the claim was part of a vexatious pattern of targeting legal representatives, and that any communications between the parties arose solely in the context of defending earlier proceedings and were protected by judicial proceedings immunity.

Practical note

A claim containing no particulars of any alleged unlawful acts will be struck out as having no reasonable prospect of success, particularly where the claimant is a sophisticated serial litigant capable of particularising claims but has chosen not to do so, and where the alleged conduct is protected by judicial proceedings immunity.

Legal authorities cited

Van Rensburg v Royal Borough of Kingston-upon-Thames UKEAT 0095/07Secretary of State for Business, Energy and Industrial Strategy v Parry and Anor [2018] EWCA Civ 672Mechkarov v Citibank NA EAT 0119/17Wright v Nipponkoa Insurance (Europe) Ltd UKEAT/0113/14South London and Maudsley NHS Trust v Dathi [2008] IRLR 350Anyanwu v South Bank University [2001] IRLR 305Blockbuster Entertainment Limited v James [2006] IRLR 630Cox v Adecco [2021] ICR 1307Ezsias v North Glamorgan NHS Trust [2007] ICR 1126Hemdan v Ishmail [2017] IRLR 228Sami v Avellan [2022] EAT 72

Statutes

Employment Tribunal Rules of Procedure 2013 Rule 40Employment Tribunal Rules of Procedure 2013 Rule 38(1)(a)Equality Act 2010 s.110Equality Act 2010 s.109

Case details

Case number
3301610/2025
Decision date
8 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
London Borough of Harrow
Sector
local government
Represented
Yes
Rep type
barrister

Employment details

Role
Residential Homes Manager
Service
7 months

Claimant representation

Represented
No