Abaya v Leeds Teaching Hospital NHS Trust (Practice and Procedure : Costs) [2017] UKEAT 0258_16_0103 (01 March 2017)

Abaya v Leeds Teaching Hospital NHS Trust (Practice and Procedure : Costs) [2017] UKEAT 0258_16_0103 (01 March 2017)

The Employment Tribunal erred by failing to consider whether to exercise its discretion to award costs, did not provide adequate reasons for the quantum awarded, and improperly considered the means of the Claimant's wife without assessing the impact on the Claimant's ability to pay.

Citation
[2017] UKEAT 0258_16_0103
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
01 March 2017
Procedural Posture
Employment Tribunal Appeal / Appeal Against Costs Order
Outcome
Appeal allowed
Legal Topics
Costs Orders, Constructive Unfair Dismissal, Racial Discrimination, Victimisation
Employment Law Civil Procedure Costs Orders Constructive Unfair Dismissal Racial Discrimination Victimisation

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal properly exercised its discretion in awarding costs
  2. 2 Whether adequate reasons were given for the quantum of costs awarded
  3. 3 Whether the Tribunal erred in considering the means of the Claimant's wife

Ratio Decidendi

The Employment Tribunal erred by failing to consider whether to exercise its discretion to award costs, did not provide adequate reasons for the quantum awarded, and improperly considered the means of the Claimant's wife without assessing the impact on the Claimant's ability to pay.

Court Disposition

Appeal allowed

Orders

  • Issue of costs remitted to the same Employment Tribunal for reconsideration in accordance with the Appeal Tribunal's judgment