ECM (Vehicle Delivery Service) Ltd

Case Summary

A preliminary hearing determined applications by both parties to strike out the other's case on grounds of vexatious or unreasonable conduct under Rule 38(1)(b) of the Employment Tribunal Rules of Procedure 2024. The tribunal refused both strike-out applications and also refused the claimant's applications for costs and wasted costs, with the case proceeding to case management.

Both strike-out applications were refused, indicating the tribunal found that neither party's conduct of proceedings met the threshold of being scandalous, unreasonable or vexatious under Rule 38(1)(b). The claimant's costs and wasted costs applications were also refused.

• •Application to strike out claimant's claim on grounds of scandalous, unreasonable or vexatious conduct
• •Application to strike out respondent's response on grounds of scandalous, unreasonable or vexatious conduct
• •Applications for costs and wasted costs

EMPLOYMENT TRIBUNALS Claimant: Mr D Bradley Respondent: ECM (Vehicle Delivery Service) Limited Heard at: Birmingham by CVP On: 16 & 17 March 2026 Before: Employment Judge Power Representation Claimant: in person/Mr Pollard, lay representative Respondent: Mr Crowe, solicitor PRELIMINARY HEARING IN PUBLIC JUDGMENT The judgment of the Tribunal is as follows: 1. The respondent applied to strike out the claimant’s claim on the grounds that the manner in which proceedings have been conducted by the claimant has been scandalous, unreasonable or vexatious pursuant to Rule 38(1)(b) of the Employment Tribunal Rules of Procedure 2024. That application is refused. 2. The claimant applied to strike out the respondent’s response on the grounds that the manner in which proceedings have been conducted by the respondent has been scandalous, unreasonable or vexatious pursuant to Rule 38(1)(b). That application is refused. 3. The claimant’s applications for costs pursuant to Rule 74 and wasted costs pursuant to Rule 78 are refused. 4. A Case Management Order is provided to the parties separately. Approved by: Employment Judge Power 17 March 2026 Notes All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can…