Igor Donskoy, a former employee engaged in a legal battle with international firm Hogan Lovells, has been instructed to pay an additional £4,000 to the firm.
This decision comes after his claim for unfair dismissal was rejected by the employment tribunal, labeling his legal action as a ‘form of revenge.’
Donskoy had previously been directed to pay £4,000 ‘on account of unreasonable behaviour’ following the firm’s successful application to strike out his case.
Despite Donskoy’s assertion that he was disadvantaged in the initial hearing due to a lack of translation assistance as a native Russian speaker, employment judge Kelly deemed the proceedings fair.
Judge Kelly stated that the absence of an interpreter did not compromise the fairness of the hearing, emphasising that Donskoy “fully understood” and effectively engaged with all the issues raised.
The reconsideration request revealed that an interpreter was present during the hearing, and at times, Donskoy chose to respond to questions in English without assistance.
Donskoy’s conduct was deemed “unreasonable”
Donskoy, who claimed language barriers affected his case, was noted in his CV as fluent in English, having worked for 13 employers in the UK, including a stint as a locum lawyer. The judge dismissed Donskoy’s language-related concerns as an “unmeritorious attempt to try and find fault” with the initial hearing.
The judgment emphasised that even if Donskoy’s facts were proven at a final hearing, his claim “could not succeed,” as he had no basis to believe he could make a disclosure. The judge suggested that withdrawing the claim would have been the appropriate course of action instead of persisting in a “hopeless cause.”
Furthermore, the judge characterised Donskoy’s conduct as “unreasonable” and perceived it as an attempt to cause maximum disruption, possibly with the aim of securing a settlement or seeking revenge for his dismissal. Hogan Lovells revealed that the reconsideration request was handled by the firm at a cost of £1,140 per hour, a fee deemed “unrealistic to recover” for employment tribunal proceedings between parties.
Amelia Brand is the Editor for HRreview, and host of the HR in Review podcast series. With a Master’s degree in Legal and Political Theory, her particular interests within HR include employment law, DE&I, and wellbeing within the workplace. Prior to working with HRreview, Amelia was Sub-Editor of a magazine, and Editor of the Environmental Justice Project at University College London, writing and overseeing articles into UCL’s weekly newsletter. Her previous academic work has focused on philosophy, politics and law, with a special focus on how artificial intelligence will feature in the future.
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