Serial Litigants: The tide is turning

In February 2010, The Times newspaper reported the antics of John Berry, aged 54.  He apparently scours the internet for discriminatory job adverts calling for a 'recent school leaver' etc. and then brings an age discrimination claim. The paper states that he “has initiated actions against at least 60 firms over three years even though he does not apply for the jobs” and it is thought that he has earned thousands of pounds for his trouble.  This is because employers would rather settle for a few thousand pounds than fight the case. 

However, Mr Berry’s luck seems to be changing.  The EAT has dismissed four appeals by Mr Berry and found that the Claims should be struck out or dismissed.  Furthermore, the EAT made the observation that those who “…bring age discrimination claims in respect of allegedly discriminatory job advertisements in which they have no genuine interest purely in the hope of being paid off are liable to face an order for costs.” 

Good news for employers.