Monday, February 08, 2010

Serial claimant's bonanza from 'ageist' job ads

A serial litigant is believed to have earned thousands of pounds by bombarding employers with claims of ageism simply because they used the words “school leaver” or “recent graduate” in job advertisements.

John Berry, 54, who is married and lives in a semi-detached house in Downend, Bristol, has initiated actions against at least 60 firms over three years even though he does not apply for the jobs. He uses the government’s tribunal service website to lodge age discrimination claims against recruitment agencies and other businesses.

Lawyers say they have complained to the Ministry of Justice that the online system — which allows numerous actions to be lodged free and with minimal evidence — needs changing. Once the firm becomes aware of the action, Berry emails his targets to warn them they can avoid an employment tribunal only by making him a “settlement” payment of up to £3,500.



To encourage companies to settle, Berry usually opts to hold the tribunal far away from where the business is based. Berry’s claims are consistently struck out by tribunal chairmen as “misconceived” and “vexatious” but businesses can still be left with legal bills of about £9,000 because Berry ignores orders to pay costs.

He has had claims struck out in London, Exeter, Bedford, Ashford, Birmingham, Bristol, Liverpool, Watford and Southampton in the past two years.

Gordon Turner, a solicitor at Partners Employment Lawyers, said: “We have found 57 such court decisions with Mr Berry’s name [on them], but that could be just the tip of the iceberg as it does not take account of all those people who chose to settle and not fight.”

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