Tabidi v British Broadcasting Corporation (SEX DESCRIMINATION –- Costs) [2019] UKEAT 0272_18_1303 (13 March 2019)

Tabidi v British Broadcasting Corporation (SEX DESCRIMINATION –- Costs) [2019] UKEAT 0272_18_1303 (13 March 2019)

The appeal was dismissed because the Claimant had not advanced his case on the basis of comparators before the Tribunal, and the Tribunal was entitled to decide the case as presented. Even if a prima facie case of discrimination had been established, the Respondent had discharged the burden of proving that sex played no part in the scoring. The costs award was within the Tribunal's discretion and properly calculated based on Counsel's fees.

Citation
[2019] UKEAT 0272_18_1303
Parties
Appellant/claimant: K Tabidi; Respondent: BBC
Jurisdiction
United Kingdom
Judgment Date
13 March 2019
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Direct Discrimination, Costs in Employment Tribunal, Burden of Proof, Comparators in Discrimination, Equality Act 2010
Employment Law Equality Law Sex Discrimination Direct Discrimination Costs in Employment Tribunal Burden of Proof Comparators in Discrimination Equality Act 2010

Case Brief

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Parties

K Tabidi

Appellant/claimant

BBC

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to consider less favourable treatment compared to comparators in a sex discrimination claim
  2. 2 Whether the Employment Tribunal erred in awarding costs against the Claimant

Ratio Decidendi

The appeal was dismissed because the Claimant had not advanced his case on the basis of comparators before the Tribunal, and the Tribunal was entitled to decide the case as presented. Even if a prima facie case of discrimination had been established, the Respondent had discharged the burden of proving that sex played no part in the scoring. The costs award was within the Tribunal's discretion and properly calculated based on Counsel's fees.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed on all grounds.
  • The award of costs in the sum of £4,550 against the Claimant stands.