Kenbata v Unison [2015] EWCA Civ 604 (15 May 2015)

Kenbata v Unison [2015] EWCA Civ 604 (15 May 2015)

The applicant's claim was hopeless as the factual assumptions made by the union representative were correct, the applicant himself had raised race discrimination, and there was no evidence linking redundancy to race. The finding of vexatious litigation and the costs order were justified and unchallenged on appeal.

Citation
[2015] EWCA Civ 604
Parties
Applicant: Kenbata; Respondent: UNISON
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Appeal / Renewed Application for Permission to Appeal
Outcome
Renewed application for permission to appeal refused
Legal Topics
Race Discrimination, Trade Union Liability, Costs Orders, Vexatious Litigation
Employment Law Discrimination Law Race Discrimination Trade Union Liability Costs Orders Vexatious Litigation

Case Brief

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Parties

Kenbata

Applicant

UNISON

Respondent

Procedural Posture

Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the applicant's race discrimination claim as hopeless
  2. 2 Whether the Employment Tribunal was entitled to characterise the claim as vexatious and order costs against the applicant

Ratio Decidendi

The applicant's claim was hopeless as the factual assumptions made by the union representative were correct, the applicant himself had raised race discrimination, and there was no evidence linking redundancy to race. The finding of vexatious litigation and the costs order were justified and unchallenged on appeal.

Court Disposition

Renewed application for permission to appeal refused