Employment Relations Act 1999

23 E+W+S After section 256 there shall be inserted—

“256A Vexatious litigants.

(1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VIIA of Part I by a vexatious litigant.

(2) The Certification Officer must give reasons for such a refusal.

(3) Subsection (1) does not apply to a complaint under section 37E(1)(b) or to an application under section 41.

(4) For the purposes of subsection (1) a vexatious litigant is a person who is the subject of—

(a) an order which is made under section 33(1) of the M1 Employment Tribunals Act 1996 and which remains in force,

(b) a civil proceedings order or an all proceedings order which is made under section 42(1) of the M2 [F1 Senior Courts Act 1981] and which remains in force,

(c) an order which is made under section 1 of the M3 Vexatious Actions (Scotland) Act 1898, or

(d) an order which is made under section 32 of the M4 Judicature (Northern Ireland) Act 1978.

256B Vexatious litigants: applications disregarded.

(1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if—

(a) it was made under a provision mentioned in the relevant enactment, and

(b) it was refused by the Certification Officer under section 256A(1).

(2) The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).”

Textual Amendments

F1 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Marginal Citations

M1 1996 c. 17.

M2 1981 c. 54.

M3 1898 c. 35.

M4 1978 c. 23.