CantazanoEAT2012
EAT SEX DISCRIMINATION
Injury to feelings
Other losses
The Appellant was awarded compensation for unfair dismissal and sex discrimination. The Employment Tribunal apportioned the award for injury to feelings between the Respondents – the employers and two managers. They ordered the employer to pay compensation for loss of earnings, on the basis of unlawful deductions, but failed to make an order for such compensation under the sex discrimination claim.
Held on appeal:
(1) Following Sivanandan (UKEAT/0075/10) compensation for sex discrimination ought to have been joint and several between the responsible Respondents.
(2) But (1) did not apply to the 25 per cent uplift for which the individual Respondents were not responsible.
(3) The ET ought to have awarded compensation for loss of earnings, on a joint and several basis, for sex discrimination, although the same loss was awarded as unlawful deductions against the employers only.
Burke QC
[2012] UKEAT 0487 – 11 – 0703
Bailii
England and Wales
Employment, Discrimination, Damages
Updated: 11 November 2021; Ref: scu.459911