Claimant from an Employment Tribunal who had made false statements found to be in contempt of court and given a prison sentence.

The defendant here was employed by the claimant as a Know Your Client Analyst.  The defendant brought a series of claims against the employer and these were dismissed by the Employment Tribunal in February 2022.   It was only after 6 months that the claimant had been dismissed due to a loss of trust and confidence relating to his conduct and behaviour.

The Tribunal action commenced by the defendant was against the employer as well as sixed named individuals.  This was on the basis of, inter alia, race and sex discrimination.  A second claim was also brought against the same individuals for a series of different claims this time including religious discrimination.

This High Court action was brought by the employer based upon allegations that the defendant make the claims knowing them to be false and pure invention and that he had knowingly lied in the evidence given to the Tribunal.  Further, it was alleged that the defendant had fabricated evidence through a work diary which he had purported to be a contemporary record.  Therefore, it was based upon contempt of court.

The Court reminded itself that it was having to apply the criminal standard of proof as to whether the evidence had been falsified and the defendant had lied in the Employment Tribunal. Additionally, it was noted that the principle is that contempt of court is to engage in any conduct which involves in an interference with the due administration of justice.

The case largely turned on the evidence of the individuals against whom the defendant had brought proceedings against at the Employment Tribunal. The Court found that they were largely straightforward, truthful and honest.  As a result, on 12 of the grounds raised it was found that the criminal standard had been met and the defendant was in serious contempt of court in making false statements of truth. The effect of this was that the defendant was given 20 months in jail.  The defendant had demonstrated that he wishes to appeal.

This demonstrates a stark reminder that evidence being given at the Tribunal is being given under oath and that giving false statements, when found to the criminal standard, can lead to consequences such as the finding of contempt of court.  It is not usual that a respondent to a Tribunal takes such action, but the High Court found in their favour here considering the nature of the evidence that had been given by the claimant in the Tribunal.

You can read the case in full here.