Ms S Messi v Change, Grow, Live and others — 2024

The tribunal heard seven claims together and struck out the first six under rule 37(1)(a) and (b). It found that Ms Messi's employment with Change, Grow, Live began on 18 March 2024, that she last attended work on 15 April 2024, and that the claims were brought over a very short period against CGL and a number of individual employees. The judge relied on Ms Messi's extensive prior tribunal history, including earlier interim relief decisions that had described similar applications as vexatious.

The first six claims were found to be vexatious and, in parts, scandalous because they repeated overlapping allegations with little particularity, were often directed at individual respondents without explaining their role, and were accompanied by correspondence the judge said tended to escalate rather than resolve matters. The pleaded issues included race, disability and sex discrimination, equal pay, victimisation, harassment, whistleblowing, and pay-related complaints. The unfair dismissal allegations in the fourth, fifth and sixth claims depended on an asserted dismissal on 2 May 2024, but the judge found there was little basis for saying Ms Messi had been dismissed then because her employment continued until 22 July 2024.

The seventh claim, presented on 22 July 2024 after the actual dismissal, was not struck out. The tribunal held that it had only little reasonable prospect of success and made a rule 39 deposit order of £300 after Ms Messi declined to give oral evidence about her means. On the protected disclosure aspect, the judge found little prospect of showing a qualifying disclosure in the public interest or that it was the principal reason for dismissal; on the trade union and right-to-be-accompanied complaints, the judge considered the respondent's disciplinary process and the earlier adjournment relevant. The claimant's application to strike out the respondents' responses was refused.