The Employment Team at Davies Arnold Cooper
The Employment Team at Davies Arnold Cooper have very helpfully offered some guidance on what to do if you receive a claim from John Berry or any other potentially vexatious litigant:
Firstly, do not panic and do not offer to pay.
Diarise the deadline for filing your ET3. This will be on the form and is 28 days from when the employment tribunal sent the ET1 to you.
Immediately write to Mr Berry and advise him that you will seek to recover your costs in defending the claim, demand more detailed information about his claim and the basis for it.
Warn that you will be making an application for a pre hearing review in order to have his claim struck out.
File an ET3. All this needs to say is that you are defending the claim and this is vexatious. Make an application for a pre hearing review on the ET3.
Get in touch with David to get details of all other recruitment companies who have received similar claims from Mr Berry. This will be essential evidence for you.
Wendy Trehy, partner at Davies Arnold Cooper commented "thankfully, serial litigants such as Mr Berry are the exception rather than the rule. It is understandable that some employers may think to pay him off to avoid negative publicity and the cost of defending a claim. However, serial litigants such as Mr Berry will continue to pursue speculative and unmeritorious claims for as long as employers continue to pay them off. These claims can be defeated quickly and economically." Give us a call if you need to.