The chairman of the employment tribunal has once again raised concerns at the ‘unequal struggle’ complainants face when taking on the might of Manx Care and the Attorney General’s chambers.

Douglas Stewart said some claimants have abandoned their claims when intimidated by an allegation of vexatious misconduct and fearful that costs may be awarded against them.

He said: ‘Complainants are fish out of water yet are facing the might of a major employer represented by the legal resources of the Chambers of the Attorney General.’

He made the comment in a ruling over a tribunal case brought against Manx Care by Dr Kelly Anne Elliott.

Dr Elliott is alleging unfair constructive dismissal and protected disclosures (whistleblowing).

She has made allegations about a clinical colleague over their fitness to practise relating to competence, probity and lack of qualifications, some involving patient safety.

Mr Stewart said serious allegations have been made against more than one employee of Manx Care.

Manx Care is represented by Philip Farrar of the Attorney General’s chambers - who has also acted as chairman in other tribunal cases where he is not conflicted.

Mr Farrar contended the complaint was an abuse of process and the allegations amounted to vexatious, abusive, disruptive and otherwise unreasonable conduct.

Mr Stewart said similar arguments had been used by the AG’s chambers, ‘with increasing frequency over the past year or more’.

As a result, he said, ‘some litigants in person had given up what they have perceived to be an unequal struggle when proceeding against Manx Care so that potentially bona fide arguments have been abandoned and complaints withdrawn’.

He added: ‘I consider it inappropriate to allege vexatious, abusive, disruptive and otherwise unreasonable conduct except where the complainant’s pleaded case falls blatantly outside what should properly be pleaded.’

Mr Stewart made similar criticisms in a recent ruling over another tribunal case brought against Manx Care.