Loughborough College

Judgment approved by the court for handing down Mr A E Madu v Loughborough College © EAT 2025 Page 1 [2025] EAT 52 Neutral Citation Number: [2025] EAT 52 Case No: EA-2023-000382-LA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 16 April 2025 Before: HIS HONOUR JUDGE JAMES TAYLER Between: Mr A E Madu Appellant - and - Loughborough College Respondent - - - - - - - - - - - - - - - - - - - - - Mr L Ogilvy, Consultant, for the Appellant Mr C Crow (instructed by rradar Limited) for the Respondent Hearing date: 21 January 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Mr A E Madu v Loughborough College © EAT 2025 Page 2 [2025] EAT 52 SUMMARY Practice and Procedure The Employment Tribunal erred in law in its analysis of an application for costs against the claimant. Judgment approved by the court for handing down Mr A E Madu v Loughborough College © EAT 2025 Page 3 [2025] EAT 52 HIS HONOUR JUDGE JAMES TAYLER The issue 1. Should costs applications in discrimination complaints be treated differently to costs applications in other types of complaint? In one sense, obviously no, but in another sense, the answer will often be yes. Let me explain. The legal test for an award of costs is the same whatever the complaint. But there are features about many, but not all, discrimination complaints, and other similar complaints, that require special consideration when that legal test is applied. There are also policy considerations that may be relevant to discrimination and similar complaints. 2. This issue arises in the context of a claim asserting race discrimination commenced by the claimant acting as a litigant in person. The claimant later obtained legal representation. The Employment Tribunal, Employment Judge Adkinson, sitting with members, concluded th…