In Person For the v Mr J Munro, Solicitor — 2020

This was a preliminary hearing on the respondent’s application to strike out the claim. The respondent relied on Rule 37(1)(b) of the Employment Tribunal Rules 2013, and also raised Rule 37(1)(e). The claimant, who appeared in person, denied making the calls said to be in issue. The tribunal heard from Ms Nina Collins for the respondent, heard from the claimant, and listened to the recordings of the telephone messages.

The tribunal found on the balance of probabilities that the claimant made the calls. It relied on Ms Collins’ prior dealings with the claimant on the telephone, the similarity between his voice at the hearing and on the recordings, and the police email referring to criminal proceedings in the name of R v McGerr for harassment without violence. The tribunal said the claimant’s denial that he had been contacted by police or charged was not credible.

The tribunal found that the messages were highly offensive, used obscene and abusive language, and contained allegations and threats including threats of violence and to burn down the respondent’s premises. It held that the calls were conduct of the proceedings rather than something separate, because the claimant’s only continuing association with the respondent after leaving employment was through these proceedings.

The tribunal also noted that the claimant had refused to acknowledge or explain his conduct, and that although he had mentioned mental health and PTSD, no evidence was provided and requests for medical records had been ignored. It held that the purpose of the messages was to harass the respondent and upset potential witnesses, concluded that the threshold under Rule 37(1)(b) was met, struck out the claim, and vacated the February 2021 hearing.