Mr F Duruiheoma v Dovecote Park Ltd: 1800798/2019
JUDGMENT
The respondent’s application for costs is dismissed.REASONS
For the reasons set out in his objections, the claimant’s belief that his dismissal was influenced by race was not unreasonable. He was reasonably entitled to a trial of the issue, and he did not act “otherwise unreasonably”, in continuing, an Employment Judge having formed the view at the case management stage that the case was not one of “little reasonable prospects of success”. For the reasons set out in his objections, a subsequent without prejudice save as to costs letter does not alter this position in this case. Further, the case cannot be said to be one which had, before a hearing, no reasonable prospect of success, for the reasons set out in the claimant’s objections, including that evidence was put forward for the claimant’s belief, albeit that was not accepted by the Tribunal.