Claimant v King's College Hospital NHS Foundation Trust
Outcome
Individual claims
The claimant's discrimination claims failed primarily due to lack of supporting evidence. The tribunal did not prefer the claimant's evidence on disputed factual issues and found he exaggerated his evidence and was not sufficiently careful with the accuracy of his answers, though he was not found to be actively dishonest.
Facts
This is a costs judgment following the dismissal of all of the claimant's claims, primarily discrimination claims, against his employer King's College Hospital NHS Foundation Trust. The main judgment was sent to parties on 1 July 2025, with written reasons provided on 18 September 2025. The claimant's application for reconsideration was refused on 20 October 2025. The respondent applied for costs on 15 July 2025, arguing the claimant acted unreasonably and/or the claims had no reasonable prospects of success.
Decision
The tribunal unanimously refused the respondent's costs application. The tribunal found the claimant did not act vexatiously, abusively or unreasonably in bringing or conducting the proceedings, despite his claims failing due to lack of supporting evidence and credibility issues with his testimony. The tribunal emphasized that unsuccessful claims do not automatically translate into findings of no reasonable prospects of success or unreasonable behaviour, and noted the respondent had not sent costs warning letters or made any strike-out or deposit applications.
Practical note
A losing party's lack of credibility and exaggeration of evidence does not automatically warrant a costs award; tribunals must avoid hindsight bias when assessing whether claims had reasonable prospects of success at the outset.
Legal authorities cited
Statutes
Case details
- Case number
- 2302667/2023
- Decision date
- 17 June 2025
- Hearing type
- costs
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No