Manx Care had 'no valid reason' to accuse doctor of making vexatious claim

Chair rules tribunal can proceed despite application to strike out matter

The chair of the Island's employment tribunal has refused to block a whistleblowing claim against Manx Care after the Attorney General's Chambers alleged the claim was vexatious, abusive and otherwise unreasonable.

A ruling by Douglas Stewart rejected the application to strike out Dr Kelly Elliott's claims of unfair constructive dismissal and protected disclosures.

The healthcare provider's legal representative claimed the tribunal has no jurisdiction due to shortcomings in the case.

Philip Farrar from the AG's Chambers alleged Dr Elliott's filings don't comply with the rules of the tribunal, and also claimed the case was an abuse of the process, labelling them as abusive, vexatious and otherwise unreasonable.

Mr Stewart dismissed the application, saying the requirement is for a 'brief summary of facts' not a full case, which he says Dr Elliott complied with.

He also said he considered it to be "inappropriate' to allege the doctor's claims are vexatious, stating there is "no valid reason to make such a serious allegation which attributes positive and actual misconduct by the other party."

Dr Elliott prepared her initial form to the tribunal without legal representation, but has since secured the services of an advocate.

Mr Stewart found there was a "serious danger" of respondents regularly seeking to strike out complaints made by unrepresented litigants if he accepted Mr Farrar's submissions.

He went on to say adopting too legalistic an approach will tilt the level playing field even further against too many bona fide complainants who do not understand the legal niceties.

Mr Stewart's ruling means Dr Elliott's tribunal will be able to proceed.

You can read the judgment in full HERE.

In response, Manx Care said in a statement to Manx Radio: 

"While we are unable to comment on the specifics of an ongoing case, we want to reaffirm our commitment to resolving employee concerns and complaints through locally agreed policies and procedures wherever possible, always aiming to avoid the need for formal legal action.

"We will carefully consider the Tribunal’s observations in consultation with the Attorney General’s Chambers.

"Each case brought to our attention is assessed on its individual merits and legal advice taken to inform how they are managed.  Ensuring all relevant information is shared allows us to follow due process and address matters fairly and thoroughly."