Oko-Jaja v. Lewisham [2001] UKEAT 417_00_0805 (8 May 2001)

Oko-Jaja v. Lewisham [2001] UKEAT 417_00_0805 (8 May 2001)

The Tribunal erred in finding that all material potential evidence was available to the Appellant from an early stage and that it was unreasonable for him to bring or persist in his claim; it was reasonable for the Appellant to test the issue of victimisation at a full hearing.

Citation
[2001] UKEAT 417_00_0805
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 May 2001
Procedural Posture
Employment Tribunal Appeal / Appeal From Costs Order
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Costs in Employment Tribunal, Victimisation, Disability Discrimination
Employment Law Disability Discrimination Costs in Employment Tribunal Victimisation

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding costs against the Appellant for acting unreasonably in bringing or conducting proceedings

Ratio Decidendi

The Tribunal erred in finding that all material potential evidence was available to the Appellant from an early stage and that it was unreasonable for him to bring or persist in his claim; it was reasonable for the Appellant to test the issue of victimisation at a full hearing.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Award of costs against the Appellant set aside
  • Cross-appeal by Respondent dismissed