Sud v London Borough of Ealing  EWCA Civ 949
The claimant in this case sought compensation under the Disability Discrimination Act 1995 based on a failure to make a reasonable adjustment by providing aids and adaptations to assist the appellant to work at home by reason of her physical disability (a frozen shoulder, following a fall). The original tribunal decided her claims were unfounded and ordered the claimant to pay 50% of the respondent’s reasonable costs. She appealed this to the EAT, which came to the same conclusion as the tribunal. Her appeal to the Court of Appeal was also rejected.
The Court’s decision is useful because it sets out in detail various arguments that have been used over the years in relation to arguments about the award of costs at tribunal. It also sets out what unreasonable behaviour on the part of a claimant might be – in this case “…looking for compensation in the unrealistic sum of £360,000. It is clear that the appellant was not prepared to accept any reasonable and appropriate sum in settlement of her claims. The argument that the appellant was entitled to seek declarations in her favour or that she was seeking reinstatement does not have any substantive credibility given that her response to the offers focussed on an exorbitant sum by way of suggested compensation.”