Bouheniche v Secretary of State for Work and Pensions (Practice and Procedure : Costs) [2011] UKEAT 0559_11_1210 (12 October 2011)

Bouheniche v Secretary of State for Work and Pensions (Practice and Procedure : Costs) [2011] UKEAT 0559_11_1210 (12 October 2011)

The Claimant acted unreasonably by asserting he had lodged a statutory grievance when he had not, failing to inform his representative, and continuing with claims that should have been withdrawn, thereby incurring unnecessary costs for the Respondent. The Employment Judge correctly applied legal principles and...

Source-derived case information.

Citation
[2011] UKEAT 0559_11_1210
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
12 October 2011
Procedural Posture
Employment Appeal Tribunal / Appeal Against Costs Order
Outcome
application dismissed
Legal Topics
Costs, Race Discrimination, Statutory Grievance, Unreasonable Conduct
Employment Law Costs Race Discrimination Statutory Grievance Unreasonable Conduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Costs Order

Legal Issues

  1. 1 Whether Employment Judge Malone erred in law in awarding costs against the Claimant
  2. 2 Whether the Claimant's conduct was unreasonable in relation to the statutory grievance requirement

Ratio Decidendi

The Claimant acted unreasonably by asserting he had lodged a statutory grievance when he had not, failing to inform his representative, and continuing with claims that should have been withdrawn, thereby incurring unnecessary costs for the Respondent. The Employment Judge correctly applied legal principles and exercised discretion in awarding costs.

Court Disposition

application dismissed

Orders

  • underlying appeal dismissed
  • costs order of £2,000 against Claimant upheld