EAT CONTRACT OF EMPLOYMENT
Whether established
Written particulars
Joint and several liability. The respondents had each employed the claimant. The Employment Tribunal found that it was difficult to distinguish between the claimants who were associated employers. It therefore made liability to pay compensation joint and several, that is the whole amount could be enforced against either party. The second respondent accepted liability for the whole sum. The first respondent denied liability for the sum due in respect of employment by the second respondent. The claimant argued that there were sufficient findings to enable the Employment Tribunal to make the award on the basis of joint and several liability. Concern was expressed that the second respondent, a limited company, should not have sole responsibility for payment as it may have no assets.
Held: there was no finding that the first and second respondent traded under each other’s names. There was no basis for joint and several liability. Each was liable for the period in which the claimant was employed by that entity. Observed that the second respondent was at liberty to make payment and it was noted that there was no explanation for its failure to do so thus far.
Hon Lady Stacey
[2014] UKEAT 0302 – 13 – 0310
Bailii
England and Wales
Employment
Updated: 03 January 2022; Ref: scu.551969
