Vexatious Litigant Barred from Further Employment Tribunal Claims
A litigant deemed vexatious has been barred from initiating further employment tribunal claims without court permission.
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Employment Appeal Tribunal Bars Vexatious Litigant
The Employment Appeal Tribunal (EAT) has issued a restriction of proceedings order against Ms Sandra Messi, effectively barring her from initiating new claims in employment tribunals without prior judicial permission. The decision comes after the Attorney General applied for such an order, citing Ms Messi's history as a vexatious litigant.
Extensive History of Unsuccessful Claims
The EAT reviewed extensive evidence detailing Ms Messi's litigation history, which includes over 50 Employment Tribunal claims since 2017, with 13 lodged in 2024 alone. These claims typically stemmed from unsuccessful job applications or short employment periods and frequently involved allegations such as discrimination, whistleblowing detriment, and unpaid wages. Crucially, the tribunal noted that none of Ms Messi's claims had ever succeeded or been settled.
Pattern of Procedural Failures
Ms Messi's cases, filed across multiple tribunal regions, were often struck out for lacking reasonable prospects of success, dismissed due to non-attendance, or withdrawn. The judgment highlights a pattern of persistent non-compliance with tribunal directions, requests for adjournments without supporting evidence, avoidance of hearings, and unsubstantiated accusations of dishonesty against employers and their representatives. She also made numerous unsuccessful applications for interim relief in whistleblowing cases, often repeating previously addressed issues.
Balancing Access to Justice with System Protection
In its ruling, the EAT concluded that the conditions for a restriction of proceedings order were met. The tribunal emphasised that Ms Messi's actions imposed significant burdens on opposing parties and the wider court system. The order, which will remain in force indefinitely unless otherwise specified, acts as a filter, ensuring that any future claims are genuinely meritorious before proceeding. The EAT acknowledged the importance of Article 6 of the European Convention on Human Rights regarding access to courts, but stressed that this right is not absolute and must be balanced against the need to protect the justice system from unmeritorious claims.
The tribunal also clarified that it did not have the jurisdiction to prevent Ms Messi from acting as a McKenzie friend, nor was there evidence to suggest she had sought to do so. The restriction order aims to prevent further abuse of the tribunal process while allowing genuine claims to be heard.
Read the entire judgment here: The Attorney General v Ms Sandra Messi EAT 34
