Successful strike out of all claims by a scandalous litigant

The ruling was delivered by Employment Judge Daniels at Watford Employment Tribunal on 24 April 2024

Case Background

Ms. L Gallagher, a former Key Account Manager at Essity UK Ltd, had filed allegations of discrimination and unfair dismissal. However, during her employment, she was suspected of falsifying documents and dishonesty. In response to an invitation to a disciplinary hearing, Gallagher raised a false grievance to divert attention from her misconduct. The grievance process revealed fabricated documents submitted by the Claimant.

Key Factors in the Strike Out

A critical element in the success of the strike-out application was the investigation into the metadata of the evidence provided by the Claimant. This investigation was led by Kate Kapp, a partner at Doyle Clayton, who acted for Essity UK Ltd. Kapp provided decisive evidence at the strike-out hearing, which demonstrated that the documents submitted by Gallagher were falsified.

Doyle Clayton had previously dealt with similar applications, including a prior case involving the same Claimant, which the Judgment stated was “of significant relevance in this case.” The firm argued that Gallagher’s claims were scandalous and vexatious from the beginning, making a fair hearing impossible.

Judgment and Tribunal Findings

The Tribunal emphasised the high bar for striking out claims, especially those involving discrimination allegations. Judge Daniels noted, “the fundamental question for any Tribunal considering the sanction of a strike out is whether the parties’ conduct has rendered a fair trial impossible.” The Tribunal found that Gallagher’s conduct and lack of credibility made a fair trial unachievable.

Judge Daniels made several findings of fact, including that Gallagher had fabricated medical notes purportedly signed by different doctors but created by herself. This dishonest behavior was central to the decision to strike out the claims.

Tribunal’s Decision

The Judgment concluded, “a fair trial is now plainly unachievable,” and “strike out is the only proportionate and fair course to take.” Judge Daniels added, “nothing else could solve these multiple and very serious issues in a way which would allow a fair trial to progress.”

The evidence provided by Kate Kapp was described as “very carefully and diligently prepared, repeatedly supported by documents and precise and reliable.” Judge Daniels expressed a strong preference for Kapp’s evidence over that of the Claimant.

The Tribunal ruled that Gallagher’s conduct was scandalous, rendering a fair trial impossible, and thus struck out all her claims against Essity UK Ltd. A costs hearing is scheduled for September 2024.

Legal Representation

Essity UK Ltd was represented by Kate Kapp of Doyle Clayton, who instructed Shane Crawford of Five Paper.

For further information, please contact:

Doyle Clayton [Contact Information]

The legal action was led by Doyle Clayton, with Kate Kapp providing key evidence at the Tribunal. The successful strike-out underscores the importance of integrity and credibility in legal proceedings.