Intimidating your employees or ex-employees
by Sarah
In the recent case of Force One Utilities v Hatfield the employer was debarred from taking any further part in the Tribunal proceedings and their response was struck out after they intimidated the Claimant in the car park during the adjourned hearing. The employer told the Claimant that he should be careful how he slept at night.
There was a background of other behaviour and comments by the employer and so when the matter came back before the Tribunal they struck out the response and debarred the employer from taking any further part in proceedings for their intimidatory conduct. The employee was representing himself and was extremely anxious about the employer’s threats.
The Employment Tribunal said when making their decision that they felt that it would not be a fair trial if the employer took part and the employer appealed to the EAT. The EAT held that the Employment Tribunal had had a proper evidential basis for that conclusion and the decision did not reflect any error of law. The Tribunal concerned was Bury St Edmunds - one of our locals, so we can visualise the scenario from the antics described which took place in the car park.
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