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Yes, you can.
In the High Court case of Commerzbank AG v Ajao, a former employee of the bank has been held to be in serious contempt of court by making false statements of truth, giving false statements on oath and by interfering with the administration of justice (evidence tampering/creation) during employment tribunal proceedings he brought against his former employer, Commerzbank.
A number of allegations against him were proved in the High Court to the criminal standard (beyond a reasonable doubt). The High Court concluded that the Defendant's allegations were fictitious, that he knew that what he was saying was fictitious and that the allegations were very serious.
Mr Ajao, a KYC analyst, issued two claims in the Employment Tribunals in late 2019 and early 2020, alleging multiple causes of action, including discrimination, harassment, sexual harassment, assault and wrongful dismissal. The two separate cases were consolidated and heard together in October 2021. The judgment issued on 14 February 2022 dismissed all of the claims. Commerzbank obtained a costs order against Mr Ajao for £20,000, which was unpaid at the time the contempt proceedings were commenced pursuant to CPR Part 8 (the Civil Procedure Rules).
The allegations of sexual harassment and assault against the colleague included that she had made inappropriate comments about his clothing, had told him she fancied him and had tried to grab his crotch. The High Court found that 12 of the 13 grounds of contempt were proven against him. Aside from inconsistencies in the evidence, the documentary evidence demonstrated deliberate dishonesty. The court held that there was not a "shred of truth" in his claims against one colleague and that these claims were fabricated to deceive the Employment Tribunal into awarding substantial damages.
Signing a statement of truth in a witness statement in the employment tribunal without an honest belief in its truth is capable of amounting to contempt, despite the fact that the Civil Procedure Rules (CPR) have no application to ET proceedings.
Any one of the offences below will give rise to liability for contempt:
- A false statement of truth.
- Interfering with the administration of justice.
- Giving false evidence on oath/affirmation.
Contempt can give rise to a custodial sentence.
Other examples of contempt are listed on the GOV.UK website. You could go to prison for up to two years, get a fine or both.
More detailed information can be found on the judiciary.uk website.
Before you embark on any litigation, you must be absolutely sure that the allegations you are making are based on fact and are not fabricated. Quite aside from the risk of contempt, adverse costs or even a spell behind bars, false allegations destroy lives and careers. Think carefully if you are embarking on anything other than a fully truthful account of events which have taken place.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
