Age Discrimination Claim Presented in Breach of Civil Proceedings Order Was a Nullity
In a recent case, the Court of Appeal has held that employment tribunal proceedings issued by a claimant subject to a civil proceedings order without the prior permission of the court were a nullity.
What Is a Civil Proceedings Order (CPO)?
An individual is considered a 'vexatious litigant' when it is deemed that they persistently bring repeated litigation claims, without consideration of the merits or the outcome of each claim. It is considered that their aim is that of inconveniencing the defendant and subjecting them to the expense of repeated litigation. The courts have the power to issue an order, prohibiting the 'vexatious litigant' from issuing any further claims, unless they obtain the permission of the High Court.
How Was a CPO Used in This Case?
In the case of Williamson v Bishop of London and others, Mr Williamson was subjected to a CPO prohibiting him from issuing any civil proceedings without permission. He presented an age discrimination claim in the Employment Tribunal without permission and the High Court retrospectively allowed the claim to proceed. The Court of Appeal overturned the High Court's decision, holding that retrospective consent could not be given.
Learning Points
It remains rare to come across CPO's in employment litigation. However, employers should be aware of their existence and this case makes clear that CPO's will apply to cases in the employment tribunal in the same way they do to litigation in the civil courts.