Afolayan v MRCS Ltd & Anor

Afolayan v MRCS Ltd & Anor

There was no error of law in the EAT's refusal to award costs as there was no finding of bad faith or improper conduct by MRCS in the disciplinary process or tribunal proceedings; the EAT properly exercised its discretion under the rules.

Parties
Appellant: Mr Bisi Afolayan; Respondent: MRCS Limited; Respondent: Second Respondent (Manager of the child care unit)
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Costs, Unfair Dismissal, Contributory Fault, Disciplinary Procedure
Employment Law Costs Unfair Dismissal Contributory Fault Disciplinary Procedure

Case Brief

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Parties

Mr Bisi Afolayan

Appellant

MRCS Limited

Respondent

Second Respondent (Manager of the child care unit)

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in refusing to award costs to the appellant against the respondent employer
  2. 2 Whether the conduct of the respondent in the disciplinary process and tribunal proceedings amounted to bad faith or improper conduct justifying a costs order

Ratio Decidendi

There was no error of law in the EAT's refusal to award costs as there was no finding of bad faith or improper conduct by MRCS in the disciplinary process or tribunal proceedings; the EAT properly exercised its discretion under the rules.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no order for costs in favour of Mr Afolayan.