The Claimant, who has a disability, brought ET claims against the Respondent for direct disability discrimination, discrimination arising from disability, failure to comply with the duty to make reasonable adjustments and disability-related harassment. All of the complaints failed on their merits, and the ET indicated that, in view of its conclusions that the complaints had no reasonable prospect of success and were unreasonably pursued from the beginning, all of the costs incurred by the Respondent in defending the proceedings should be awarded, subject to detailed assessment.

The Claimant appealed against the costs decision on the grounds that the ET erred in law (1) in finding that the Claimant did not consider that there was genuine merit in his allegations of discrimination, (2) in concluding that he ought to have known at the outset that the proceedings had no reasonable prospect of success, (3) in concluding that the Claimant had conducted the proceedings unreasonably by giving evidence that was deliberately false and central to the case, and (4) in concluding that the Claimant acted unreasonably in not withdrawing the claim on receipt of the grounds of resistance and/or the cost warning letter.

The EAT held that all of the grounds of appeal failed.