Mr F Duruiheoma v Dovecote Park Limited — 2019

The tribunal considered the respondent's written application for costs, the claimant's written objections, and the papers in chambers between 19 August and 15 October 2019. It dismissed the application. Employment Judge JM Wade recorded that, for the reasons set out in the claimant's objections, the claimant's belief that his dismissal was influenced by race was not unreasonable and that he was reasonably entitled to a trial of the issue.

The judge also held that the claimant had not acted "otherwise unreasonably" in continuing the case after an Employment Judge at case management stage had formed the view that it was not a case of "little reasonable prospects of success". A subsequent without prejudice save as to costs letter did not alter that position. The judgment further states that evidence had been put forward for the claimant's belief, although that was not accepted by the Tribunal. The respondent's costs application was therefore dismissed and no costs award was made.