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Accountants granted restraining order against former employee

Posted: 18th May 2016   In: Business Employment

An accountancy firm has been granted a restraining order against a former employee who had persistently brought spurious legal claims that were bound to fail.

The case involved a woman who worked for the firm for two years before resigning in 2006. She then brought five employment law claims, 10 money claims plus claims against the firm’s counsel and solicitors. She also brought claims against two subsequent employers, and there was further litigation in Romania and the US.

The 10 money claims and the claim against counsel were struck out as being totally without merit. She had some success in her third employment claim and was awarded £750, which was the minimum sum that could be awarded for injury to feelings.

Numerous other claims were rejected by the courts as bound to fail. The employee was highly intelligent, but there were concerns about her mental health; however, there had been no proper diagnosis. The firm applied for an interim general restraining order to prevent further claims.

The court held that the employee was the persistent type of litigant who simply would not take no for an answer. Even when her claims failed she continued litigating, which had led to harassment. Some of the emails that she sent were highly offensive.

She had persisted in bringing claims that were totally without merit and bound to fail.

A general interim restraining order was granted to cover all forms of civil litigation.

Please contact John Carter if you would like more information about the issues raised in this article or any aspect of employment law.