In Her Majesty’s Attorney General v Mr J Iteshi, in the four years from 19 November 2007 until 16 November 2011 Iteshi made 30 claims in Employment Tribunals, mostly in London.  One of them was against the Bar Council.  Four were against his own employers, Transport for London and London Underground Ltd, and 25 were against recruitment agencies and employers recruiting staff, mostly in the public sector, mostly for positions in which legal qualifications or experience were required.       All claims have alleged direct and indirect race discrimination.  All but one have alleged at the start sex discrimination as well, and some have alleged victimisation.  None has succeeded.  Many have been struck out as having no reasonable prospect of success. 

Under S.33 of the Employment Tribunals Act 1996, if upon application by the Attorney General, the EAT is satisfied that a person has habitually and persistently and without any reasonable ground instituted vexatious proceedings, or made vexatious applications, the EAT may, after hearing the person or giving him an opportunity of being heard, make a restriction of proceedings order.

In this case Mr Justice Mitting stated that given the history of proceedings “… I would be reluctant to take the chance that Mr Iteshi has put litigation in the Employment Tribunal and Employment Appeal Tribunal behind him. Even if he had told me that he had seen the error of his ways, there would always be the possibility that he would revert to his former conduct.” He added “… the affidavit which he has sworn in these proceedings on 18 October 2013 demonstrates that he has, in truth, had no change of heart.” As a consequence, Mr Justice Mitting held “I am satisfied that it is necessary to make an order under S.33 and that the order should be indefinite.”    

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