Lubenko v Ray Alan Ltd [1998] UKEAT 914_98_0111 (1 November 1998)

Lubenko v Ray Alan Ltd [1998] UKEAT 914_98_0111 (1 November 1998)

The Tribunal made robust findings of fact rejecting the appellant's evidence and found no evidence of discrimination; the procedure of hearing consecutive cases did not prejudice the appellant; however, there is an arguable point that costs should not be ordered without enquiry into the appellant's means.

Source-derived case information.

Citation
[1998] UKEAT 914_98_0111
Parties
Appellant: Ms I Lubenko; Respondent: Ray Alan Ltd
Jurisdiction
United Kingdom
Judgment Date
01 November 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed except as to costs; costs issue to be reconsidered.
Legal Topics
Racial Discrimination, Costs in Employment Tribunal, Burden of Proof
Employment Law Discrimination Law Racial Discrimination Costs in Employment Tribunal Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms I Lubenko

Appellant

Ray Alan Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing the complaint of racial discrimination
  2. 2 Whether the Tribunal's procedure prejudiced the appellant's right to a fair trial
  3. 3 Whether the order for costs was made without proper enquiry into the appellant's means

Ratio Decidendi

The Tribunal made robust findings of fact rejecting the appellant's evidence and found no evidence of discrimination; the procedure of hearing consecutive cases did not prejudice the appellant; however, there is an arguable point that costs should not be ordered without enquiry into the appellant's means.

Court Disposition

Appeal dismissed except as to costs; costs issue to be reconsidered.

Orders

  • Chairman's note to be provided on appellant's financial means before final costs order.
  • Costs order to be reconsidered in light of appellant's ability to pay.