Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Jointly liable

10 June 2011 #Employment


It has been confirmed that where an employer and an employee are found to be jointly liable for discrimination, they are both equally liable for the damages.  This won`t be apportioned between the discriminators. Accordingly, the claimant can recover damages against whichever party he or she chooses, for example, where one party is not solvent.
 
In London Borough of Hackney v Sivanandan (2011) the claimant brought claims for sex and race discrimination against a charity and Hackney Council, which funded the charity.  She also named employees of the council and the charity as respondents in the proceedings.
 
The EAT held that, where there are multiple respondents and particular losses cannot be attributed to one party, employment tribunals must award compensation on a joint and several liability basis, meaning that the claimant can claim the entire amount from any respondent.
 
Of course, this only applies to "indivisible" damages and not cases where the tribunal has a logical basis for attributing blame for particular losses to individual parties.  In those cases, damages can be apportioned according to the losses caused by each discriminating party.
Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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