Kenbata v Unison

Kenbata v Unison

The claim was hopeless because the applicant himself had raised the issue of race, the union's actions were not detrimental, and there was no evidence linking redundancy to race. The finding of vexatious litigation was unchallenged and must stand.

Parties
Applicant: Kenbata; Respondent: Unison
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
renewed application for permission to appeal refused
Legal Topics
Race Discrimination, Costs, Vexatious Litigation
Employment Law Discrimination Law Race Discrimination Costs Vexatious Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Kenbata

Applicant

Unison

Respondent

Procedural Posture

Civil 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 award costs
  3. 3 Whether the raising of race discrimination by the union constituted less favourable treatment

Ratio Decidendi

The claim was hopeless because the applicant himself had raised the issue of race, the union's actions were not detrimental, and there was no evidence linking redundancy to race. The finding of vexatious litigation was unchallenged and must stand.

Court Disposition

renewed application for permission to appeal refused