Need to Know HR update now available from Winckworth Sherwood
The latest edition of Need to Know HR Update from Winckworth Sherwood discusses discrimination awards and multiple respondents. It is common in discrimination cases for employees (claimants) to bring claims against more than one party (respondents). For example, in the case of the employee’s colleague who carries out the discriminatory acts and the employer who is vicariously liable for those discriminatory acts; both can be named as separate respondents.
A key question for both claimants and respondents is how liability is or can be apportioned between the respondents where compensation is awarded by a Tribunal for discrimination.
In the recent case of London Borough of Hackney v Sivanandan the Court of Appeal held that Tribunals do not have the power to apportion liability for discrimination awards where the damage caused by the respondents (e.g. the employer and the claimant’s colleague) is indivisible…
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The Court of Appeal has declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime.