D’Silva v Natfhe (Now Known As Ucu) & Ors [2009] UKEAT 0126_09_2907 (29 July 2009)

D’Silva v Natfhe (Now Known As Ucu) & Ors [2009] UKEAT 0126_09_2907 (29 July 2009)

The Tribunal was entitled to make a costs award based on findings of misconceived and unreasonable conduct, was not obliged to enquire into means absent submissions, and the differently composed Tribunal did not invalidate the costs decision.

Citation
[2009] UKEAT 0126_09_2907
Parties
Appellant: Dr C D'Silva; Respondent: NATFHE (now UCU)
Jurisdiction
United Kingdom
Judgment Date
29 July 2009
Procedural Posture
Employment Appeal Tribunal / Preliminary Hearing Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs in Employment Tribunal, Bias Allegations, Tribunal Composition, Means Assessment, Strike Out Applications
Employment Law Discrimination Law Costs in Employment Tribunal Bias Allegations Tribunal Composition Means Assessment Strike Out Applications

Case Brief

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Parties

Dr C D'Silva

Appellant

NATFHE (now UCU)

Respondent

Procedural Posture

Employment Appeal Tribunal / Preliminary Hearing Appeal Against Costs Order

Legal Issues

  1. 1 Whether the differently composed Tribunal could properly decide the costs application
  2. 2 Whether the Tribunal was obliged to enquire into the paying party's means
  3. 3 Whether findings of misconceived claim indicate bias

Ratio Decidendi

The Tribunal was entitled to make a costs award based on findings of misconceived and unreasonable conduct, was not obliged to enquire into means absent submissions, and the differently composed Tribunal did not invalidate the costs decision.

Court Disposition

Appeal dismissed

Orders

  • Costs order upheld
  • Permission to appeal refused