Assisted by: In person Interpreter in the Italian language: Ms S Bryant For the v Mr M Jones, solicitor PRELIMINARY HEARING — 2017

At the preliminary hearing on 14 March 2017, Employment Judge Vowles considered the claimant's application to add a protected disclosure detriment complaint under section 47B Employment Rights Act 1996 and the respondent's application to strike out the claim. The underlying case had previously been case-managed to a full hearing as claims of discrimination arising from disability, harassment, and unfair constructive dismissal, with disability disputed as a preliminary issue.

The judge allowed the amendment, but found that the claimant had sent or been involved in sending a series of questioned documents over a prolonged period, some anonymous and some signed, which were intended to intimidate and pressure the respondent into settlement by threats to publicise allegations. The judge found the claimant untruthful when denying involvement with those documents. The judge also found that he had not complied with the tribunal's order to provide a disability impact statement and medical documents, and noted that his own letter to the GP surgery did not satisfy the order.

The claimant's conduct at the preliminary hearings was also found to be argumentative, disruptive, and inconsistent with the tribunal's directions, including attempts to involve the press and media and to address the public gallery. Citing Rule 37 and the authorities including Bennett v Southwark London Borough Council, ET Marler Ltd v Robertson, Attorney General v Barker, De Keyser Ltd v Wilson and Bolch v Chapman, the tribunal concluded that the conduct was scandalous, vexatious and unreasonable, that no lesser sanction would be effective, and that it was no longer possible to have a fair hearing. The whole claim was struck out and the listed merits hearing in April 2017 was cancelled; the claimant's schedule of loss claimed £1,768,547, but no remedy was awarded.