A tribunal has reversed its own decision to hold a preliminary hearing in a discrimination case against Manx Care.
The chair, Douglas Stewart, cited concerns about an “uneven playing field” for individuals taking on government-backed legal teams.
The case is being brought by Zodwa Taylor, who alleges she suffered race and age discrimination.
The chair stated he did not wish to see complainants “ground down by undue formality,” especially when facing a respondent represented at public expense.
The review was prompted after the chair considered a later case with similar legal arguments, leading him to conclude that key issues in such discrimination cases should not be decided early on.
Mr Stewart expressed unease with the tactics used, noting that labelling a case as “vexatious” and issuing cost warnings is “bound to be disturbing and would intimidate the typical Complainant”.
Chambers
He said: “The Tribunal has become aware that such an allegation is now quite regularly advanced on behalf of Respondents by the Chambers of the Attorney General.
“Such an allegation is bound to be disturbing and would intimidate the typical Complainant – especially if without legal representation.
“In the present case, while I accept that the Complaint Form can be improved upon by way of particulars, it is a far cry from Mrs Taylor’s proceedings ever having been vexatious, abusive, disruptive or otherwise unreasonable in the way they had been conducted.”
He added that it is “at least arguable” that such tactics “may itself be behaving in a manner which is unreasonable” when done without clear grounds.
No date has yet been set for the full hearings.
You can find the two rulings on this case here.
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