Is my claim vexatious?

Employers might try to scare you into dropping your case by calling your claim “vexatious”. But don’t be intimidated – the definition is much more specific than they’re letting on.

A vexatious claim isn’t just any claim your employer doesn’t like. It specifically refers to claims that either:

• have no legal basis
• are made with the intent to annoy or harass
• are filed repeatedly without any real merit 

Vexatious claims are designed to waste time and resources. If you're filing a claim because you believe your rights have been violated, and you're doing your best to navigate the legal process – even if you make some mistakes along the way – your claim isn’t vexatious. The law recognizes that not everyone is a legal expert, and as long as you're acting in good faith, you're within your rights to bring your case forward. It’s not about being perfect, it’s about being honest.

Who decides if my claim is vexatious?

Only the Employment Tribunal can decide if a claim is vexatious. Your employer doesn’t get to make that call, so don’t let their accusations discourage you. If you believe in your case and are acting in good faith, you shouldn’t need to worry.

In rare cases where the Tribunal does find a claim to be vexatious, you might have to cover your employer’s legal costs. But this only happens when the claim was clearly made to cause harm. 

If you’re feeling unsure about your case or you’re worried about your employer’s tactics, get expert support. Valla’s Tribunal Coaching can help you understand your position and guide you through the process with confidence.