Graham v University College London Hospitals NHS Foundation Trust and Others: EAT 23 Jul 2013

The appeal had proceeded on two grounds:
(1) That the Employment Tribunal had failed to deal expressly in its judgment with one identified issue relating to a complaint of race discrimination: that was so but it was also clear that the Claimant had not produced any evidence to support her complaint; the EAT therefore formally recorded that the particular complaint was dismissed under section 35(1)(a) of the Employment Tribunals Act 1996;
(2) That costs should not have been awarded against the Claimant: although there was jurisdiction to award costs and there could be no criticism of the amount, the justifications relied on by the ET in exercising that jurisdiction were irrelevant and/or or based on an unfair criticism of the Claimant; the EAT accordingly set aside the ET’s decision and allowed the Respondent to renew its application for costs; the EAT rejected the application on the basis that the EAT did not find her culpable in continuing with her claims; the EAT took into account that she was self-represented and that the claims were allowed to proceed at a CMD but no general principle was laid down: the EAT’s decision turned on the particular circumstances of this case including the impression the Claimant made on the EAT.

Shanks J
[2013] UKEAT 0130 – 13 – 2307
England and Wales

Employment, Discrimination

Updated: 21 November 2021; Ref: scu.516029