EMPLOYMENT APPEAL TRIBUNAL

BEFORE            No UKEAT/0113/06/RN

THE HONOURABLE MR JUSTICE UNDERHILL

MR B BEYNON

MR S YEBOAH

IN THE MATTER of an Application under section 33 of the Employment Tribunals Act 1996 (as amended) for a Restriction of Proceedings Order

BETWEEN:

HER MAJESTY’S ATTORNEY GENERAL    Applicant

and

MR S DEMAN            Respondent

Upon reading the Originating Application herein dated 2 February 2006 issued by the Applicant, Her Majesty’s Attorney General, seeking a Restriction of Proceedings Order against the above-named Respondent, Mr S Deman, pursuant to section 33 of the Employment Tribunals Act 1996 on the grounds that the said Mr S Deman has habitually and persistently and without any reasonable grounds instituted vexatious proceedings in the Employment Tribunals and the Employment Appeal Tribunal.

AND UPON reading the Affidavit of Ms F Grose sworn on 1 February 2006 together with the exhibits thereto on behalf of the Applicant in these proceedings and a further affidavit of Ms F Grose sworn on 25 April 2006 and the Notice of Appearance of the above-named Respondent dated 22 February 2006 and an Affidavit sworn on 24 March 2006.

AND UPON hearing Mr Thomas Linden of Counsel on behalf of the Applicant and Mr John Davies One of Her Majesty’s Counsel on behalf of the Respondent.

AND UPON the matter having been heard on 22 May 2006 to 26 May 2006 when Judgment was reserved and the matter coming on for Judgment this day.

THE TRIBUNAL ORDERS that the Application be granted and that a Restriction of Proceedings Order is hereby made so that

(1) No proceedings shall without the permission of the Employment Appeal Tribunal be instituted in any Employment Tribunal or before the Employment Appeal Tribunal by Mr S Deman, whether by himself or through another;

(2) Any proceedings instituted by Mr S Deman in any Employment Tribunal or before the Employment Appeal Tribunal before the making of this Order shall not be continued by him without the permission of the Employment Appeal Tribunal;

(3) No application (other than an application for permission pursuant to section 33 of the said Act) is to be made by Mr S Deman, whether by himself or through another, in any proceedings in any Employment Tribunal or before the Employment Appeal Tribunal without the permission of the Employment Appeal Tribunal.

AND THAT this Order shall remain in force indefinitely.

THE TRIBUNAL DIRECTS that there be a transcript of the Judgment.

AND UPON the application of the Respondent for leave to appeal to the Court of Appeal and for a stay of Restriction of Reporting Order pending the hearing of the appeal.

THE TRIBUNAL FURTHER ORDERS that the aforesaid applications be refused.

THE TRIBUNAL DIRECTS that any further application for leave to appeal should be made direct to the Court of Appeal within 21 days of the seal date of this Order.

TO:  Her Majesty’s Attorney General the Applicant

Messrs Hudgell & Partners Solicitors for the Respondent

The Secretary, Central Office of Employment Tribunals, England & Wales

1 September 2006.