Liviu-Constantin Zdroana v Willmott Dixon Holdings Ltd — 2024

The claimant, Liviu-Constantin Zdroana, lodged an ET1 on 19 January 2024 alleging disability discrimination by Willmott Dixon Holdings Ltd in connection with claimed employment as a handyman and the termination of that arrangement. The tribunal noted that the claim form did not contain a comprehensible disability discrimination claim. The ET1 did not specify a disability, although the claimant referred to the Swindon Mental Health Team and, despite ticking “no” to the disability question, the tribunal considered it likely that he was alleging a mental health disability.

The respondent’s ET3 stated that the claimant was not its employee but worked through a firm retained by the respondent. It said the claimant had become increasingly aggressive before the connection was terminated, and more so afterwards, including by sending threatening and very lengthy emails. The respondent also pointed out that the claimant had referred to himself as self-employed, which it said meant there would be no jurisdiction for a disability discrimination claim.

At the strike-out hearing on 29 August 2024, the claimant did not attend. The tribunal recorded a large volume of incoherent and often abusive or threatening emails from the claimant to the tribunal, the Employment Appeal Tribunal, public bodies, and other third parties. The claimant had also indicated that he did not intend to engage with the Bristol Employment Tribunal and wished to deal only with the Employment Appeal Tribunal. Applying Rule 37 and citing Ahir v British Airways Plc, Daniel Cox v Adecco & O’rs, and Marrufo v Bournemouth Christchurch And Poole Council, the tribunal held that the claim was impossible to understand, had no reasonable prospect of success, was vexatious and unreasonably conducted, and could not receive a fair hearing. The claim was therefore struck out.