Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

13 SEP 2013

London Borough of Hackney v Sivanandan [2013] EWCA Civ 22; [2013] IRLR 408; (2013) EMPLR 028

29 January 2013

Court of Appeal (Civil Divison)

Mummery, Rimer and Pitchford LJJ

When a tribunal concludes that a number of different respondents were liable for the same acts of discrimination or victimisation, each of those respondents remains liable for the full amount of compensation awarded. The tribunal has no power to apportion liability between the respondents.

S brought discrimination complaints against her employer (a charity funded partly by the council) and the council. Later she applied unsuccessfully for two jobs at the charity. The interview panel included W, a representative of the council. S complained of victimisation by W. W and the council and the executive members of the charity were held liable. A small award of compensation was made against W but, at a later hearing, a very much larger award was made against the council. The practice of apportioning liability between respondents was based on the EAT's decision in Way v Crouch.

The council appealed, arguing that once the tribunal had determined the compensation owed by W, it could not then award the much larger sum against the council.

The Court of Appeal held that the tribunal had no power to award different amounts in respect of the same act of discrimination. Way v Crouch was wrongly decided and was overruled. All respondents were jointly and severally liable for compensation. But although the tribunal was wrong to award a smaller amount against W, it was clear that, when doing so, it was not determining the full amount of compensation. The council therefore remained liable for the full amount of the compensation.

To view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Employment Law online from the drop down menu

TUPE

Law and Practice

The status of employment rights on the transfer of an undertaking is an extremely complex area of...

More Info from £85.00
Available in Employment Law Online
Jordan Publishing Employment Law

Jordan Publishing Employment Law

"exceptional value for money in today's challenging legal environment" John Mitton, PG Legal

Available in Employment Law Online
Subscribe to our newsletters