Kenbata V Unison (Practice and Procedure : Striking-out/dismissal) [2014] UKEAT 0625_13_2606 (26 June 2014)

Kenbata V Unison (Practice and Procedure : Striking-out/dismissal) [2014] UKEAT 0625_13_2606 (26 June 2014)

The Employment Tribunal was correct to strike out the claim as there was no evidence supporting a prima facie case of race discrimination by the union, and it was not detrimental for the union representative to raise the issue. However, the Tribunal erred in not giving reasons for disregarding the claimant's means when awarding costs, warranting a reduction in the costs order.

Citation
[2014] UKEAT 0625_13_2606
Parties
Appellant/claimant: Mr Benyam Kenbata; Respondent: Unison
Jurisdiction
United Kingdom
Judgment Date
26 June 2014
Procedural Posture
Employment Appeal / Appeal Against PHR Judgment Striking Out Claim and Awarding Costs
Outcome
Appeal dismissed on strike-out; allowed in part on costs.
Legal Topics
Race Discrimination, Striking Out Claims, Costs Orders, Trade Union Representation
Employment Law Discrimination Law Race Discrimination Striking Out Claims Costs Orders Trade Union Representation

Case Brief

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Parties

Mr Benyam Kenbata

Appellant/claimant

Unison

Respondent

Procedural Posture

Employment Appeal / Appeal Against PHR Judgment Striking Out Claim and Awarding Costs

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the race discrimination claim against the union
  2. 2 Whether the costs order was properly made, particularly in relation to the claimant's means

Ratio Decidendi

The Employment Tribunal was correct to strike out the claim as there was no evidence supporting a prima facie case of race discrimination by the union, and it was not detrimental for the union representative to raise the issue. However, the Tribunal erred in not giving reasons for disregarding the claimant's means when awarding costs, warranting a reduction in the costs order.

Court Disposition

Appeal dismissed on strike-out; allowed in part on costs.

Orders

  • Strike-out of race discrimination claim upheld.
  • Costs order reduced to £500 exclusive of VAT.