The chairman of the island’s employment tribunal has raised concerns at ‘intimidatory’ tactics being used in defence of cases against Manx Care.
Douglas Stewart said claimants felt they faced an unlevel playing field when they took on the might of a part of government, and the weight, resources and experience of the Attorney General’s (AG) chambers.
He said the AG’s chambers, representing government departments and boards, were now frequently alleging that claimants engaged in vexatious, abusive, disruptive, or otherwise unreasonable conduct.
‘Such an allegation is bound to be disturbing and would intimidate the typical complainant - especially if without legal representation,’ he said, adding it could also be ‘intimidatory’ when Chambers warned it may seek costs.
Mr Stewart made the comments as he reviewed an order he’d made in a tribunal claim brought by Zodwa Theresa Taylor against Manx Care.
She is claiming compensation for alleged race and age discrimination.
Her claim is one of three involving Manx Care that are currently before the tribunal.
A fourth case in which similar arguments were raised on behalf of the respondent is awaiting a listing date.
Mr Stewart had granted a preliminary hearing as requested by the respondent - but two days later heard another case involving similar issues.
In that case significant parts of what the respondent had wanted determined at a preliminary hearing were refused - and Mr Stewart said he could not ignore the impact of this later decision on Mrs Taylor’s claim.
As a result, he varied the order following his own review.
He granted Manx Care leave to make a request for further and better particulars of the complaint.
This could in principle resolve any alleged shortcomings rather than this being determined at a preliminary hearing, he said.