Wolff v Kingston Upon Hull City Council & Anor [2007] UKEAT 0631_06_0706 (7 June 2007)

Wolff v Kingston Upon Hull City Council & Anor [2007] UKEAT 0631_06_0706 (7 June 2007)

The Tribunal was entitled to award costs against the claimant for unreasonably persisting in claims for reengagement and compensation where there was no realistic prospect of success, and was correct in awarding a conventional sum for loss of statutory rights despite the claimant having re-acquired statutory protection.

Citation
[2007] UKEAT 0631_06_0706
Parties
Appellant/claimant: Mr B Wolff; Respondents: Kingston upon Hull City Council and The Governors of Pickering High School Sports College
Jurisdiction
United Kingdom
Judgment Date
07 June 2007
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Remedies Hearing
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Remedies, Costs, Loss of Statutory Rights
Employment Law Unfair Dismissal Remedies Costs Loss of Statutory Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr B Wolff

Appellant/claimant

Kingston upon Hull City Council and The Governors of Pickering High School Sports College

Respondents

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Remedies Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding costs against the claimant for unreasonably pursuing reengagement and compensation claims
  2. 2 Whether the Tribunal erred in awarding a conventional sum for loss of statutory rights where the claimant had re-acquired statutory protection

Ratio Decidendi

The Tribunal was entitled to award costs against the claimant for unreasonably persisting in claims for reengagement and compensation where there was no realistic prospect of success, and was correct in awarding a conventional sum for loss of statutory rights despite the claimant having re-acquired statutory protection.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Costs order against Mr Wolff for £1,721 upheld.
  • Award of £250 for loss of statutory rights to Mr Wolff upheld.