“Offensive” Claimant loses Employment Tribunal claim

Direct 2 Lawyers
August 20, 2013

A Claimant branded “offensive” by an Employment Judge has had his case struck out by the Employment Tribunal after his behaviour in court.

Anthony Adenaike issued a claim for unfair dismissal and race discrimination against Paddy Power (on-line) Ltd earlier this year and it came to a hearing last month in the Employment Tribunal.

Mr Adenaike appears to have objected to the manner in which the Employment Tribunal was conducted and voiced his displeasure at the hearing, undertaking such acts as turning his back on the Employment Judge when he was asked questions, persistently interrupting proceedings, leaving the hearing before it had concluded and attempting to blacken the name of the advocates for the Respondent.

An appeal was subsequently made by Mr Adenaike to Deemster Corlett, who allowed the appeal and remitted the case to the Employment Tribunal. However, Paddy Power then made another appeal to the High Court, seeking that Deemster Corlett’s ruling be overturned. This was successful and Mr Adenaike’s claim was confirmed as being struck out.

After Mr Adenaike had left the Tribunal the Respondent made an application to strike out Mr Adenaike’s claim, based upon his unreasonable behaviour. The Employment Judge, Dr Sharon Roberts, allowed the application, stating: “Mr Adenaike turned his back on the tribunal and continued to pack totally ignoring my request that he respond. I have no hesitation in finding that Mr Adenaike has conducted his case in an unreasonable, disruptive and unruly manner. He has persisted to a point almost beyond patience of anyone… I find that not only has Mr Adenaike behaved scandalously, vexatiously and unreasonably, but that he has conducted the proceedings in such manner as well.”

Chris Hadrill, an employment solicitor at Redmans, commented: “This case underlines the responsibility that Claimants have to act reasonably throughout proceedings, including refraining from insulting the Employment Judge, the other party or any other third party. A failure to act reasonably can result in a striking-out of a claim.”

An application to strike out a claim can be made if:

The claim is vexatious
The claim has no reasonable prospects of success
Proceedings have been conducted by the claimant in a scandalous, unreasonable or vexatious manner
The claim has not been actively pursued
Non-compliance with an order or practice direction
It is no longer possible to have a fair full hearing

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