Ghosh v Nokia Siemens Network UK Ltd (Race Discrimination : Direct) [2013] UKEAT 0125_12_2506 (25 June 2013)

Ghosh v Nokia Siemens Network UK Ltd (Race Discrimination : Direct) [2013] UKEAT 0125_12_2506 (25 June 2013)

The Employment Tribunal was entitled to find the Claimant's conduct unreasonable due to numerous wholly unsubstantiated allegations of discrimination, which caused significant expense and preparation for the Respondent. The Tribunal correctly exercised its discretion to award costs after proper self-direction and consideration of the Claimant's means.

Citation
[2013] UKEAT 0125_12_2506
Parties
Appellant: A Ghosh; Respondent: Nokia; Respondent: Peter Hellmonds
Jurisdiction
United Kingdom
Judgment Date
25 June 2013
Procedural Posture
Employment Appeal / Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Unfair Dismissal, Costs Orders, Remedies

Case Brief

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Parties

A Ghosh

Appellant

Nokia

Respondent

Peter Hellmonds

Respondent

Procedural Posture

Employment Appeal / Appeal Against Costs Order

  1. 1 Whether the Employment Tribunal erred in awarding costs against the Claimant for unreasonable conduct
  2. 2 Whether the Claimant's conduct in pursuing discrimination claims amounted to unreasonable conduct under Employment Tribunal Rules

Ratio Decidendi

The Employment Tribunal was entitled to find the Claimant's conduct unreasonable due to numerous wholly unsubstantiated allegations of discrimination, which caused significant expense and preparation for the Respondent. The Tribunal correctly exercised its discretion to award costs after proper self-direction and consideration of the Claimant's means.

Court Disposition

Appeal dismissed

Orders

  • Costs order of £5,000 against Claimant upheld