Messi gets a red card - barred from bringing Employment Tribunal claims

The Employment Appeal Tribunal 'EAT' has issued an Order preventing a claimant, Ms Sandra Messi, from bringing any claims in Employment Tribunals without prior permission from the EAT for an indefinite period. Since 2017, Ms Messi had brought over 50 Tribunal claims and brought 13 claims in 2024 alone. It appears that none of the claims succeeded, and none were settled, and there were recurring themes of discrimination, whistleblowing and unpaid wages, and allegations of dishonesty against opponents.

The EAT's order, called a Restriction of Proceedings Order, which was made at request of the Attorney-General, means that to start a new claim, the Claimant has to go direct to the EAT first and seek permission. The order highlights the power that the EAT has to prevent vexatious litigants from bringing (or continuing current) claims and that such orders are only sought occasionally, one was made against another repeat litigant in November 2025, who might have made over 100 claims, but he had lost count by the time that he was subject to a similar order.

It wasn't all bad for the Claimant, the EAT refused to bar her from acting as a 'McKenzie Friend' or representative for others who have Tribunal claims, and there was no suggestion that she had done so or if she had, that she had caused any obstruction to the administration of justice.

So the good news for Tribunal users is that there is a system to keep in check those who bring a large number of claims that have no merit, and this Order might slightly ease the long backlog of Tribunal claims in England and Wales.

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