Ghosh v Nokia Siemens [2013] UKEAT 0125/12/2506

The Claimant was dismissed and claimed Unfair Dismissal and race discrimination in the Employment Tribunal. Her Unfair Dismissal claim was upheld because of procedural irregularities but she was not awarded any compensation because she was held to be 100% responsible for her own dismissal. Her claims of race discrimination were dismissed in their entirety and costs were awarded against the Claimant in the sum of £5,000 on account of her pursuit of claims which constituted unreasonable conduct.

The Claimant appealed to the Employment Appeal Tribunal. The key question was, despite no express finding of dishonesty, was it perverse of the ET to make an award of costs because a Claimant had