hanks to Rad Kohanzad of Serjeants’ Inn Chambers for preparing this case summary
Despite no express finding of dishonesty, was it perverse to make an award of costs because a Claimant had behaved unreasonably in making a large number of unsustained allegations of discrimination?
No, said the EAT in Ghosh v Nokia Siemens.
The Claimant brought claims of unfair dismissal and discrimination in the employment tribunal. The discrimination claims were dismissed and, although she succeeded in her unfair dismissal claim, she was awarded no compensation owing to a Polkey reduction.
The employment tribunal found that the pursuit of serious allegations of race discrimination, primarily against the Claimant's line manager, constituted unreasonable conduct and awarded costs against her. There was no express finding that the Claimant was dishonest; although the EAT were of the view that the employment tribunal may have doubted the Claimant's honesty.
The EAT held that despite no express finding of dishonesty, the employment tribunal's finding that the Claimant had behaved unreasonably was not one that was perverse.