Can you bring a claim of victimisation in respect of statements made about you in witness statements exchanged in the course of tribunal proceedings?
That was the question addressed in the EAT case of Dr JS Parmar v East Leicester Medical Practice.
Dr Parmer brought an unfair dismissal claim against his practice. He claimed that six of the witness statements contained untruths and that these untruths were only made because he had brought a claim – hence the subsequent victimisation claim.
The victimisation claim was dismissed by the Tribunal on the basis of ‘judicial proceedings immunity’ (Judge Threlfall – one of our local Leicester Judges, as a side point of interest!) The Claimant appealed on the grounds that immunity does not apply to victimisation claims (a narrow point to argue as it is accepted that immunity applies to discrimination claims).
Unfortunately for the Claimant, the EAT agreed with Judge Threlfall and determined that immunity does apply to victimisation claims.