EAT PRACTICE AND PROCEDURE – Contribution
PRACTICE AND PROCEDURE – Disclosure
(1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such a right as between such persons.
(2) The employment tribunal had been entitled to order the Claimants to disclose the settlement agreement between them and one set of respondents as being relevant to the issue between them and the remaining respondents, inasmuch as any sums recoverable under the settlement from the former would fall to be taken into account if they were to succeed and were entitled to compensation against the latter.
Judges:
Underhill J P
Citations:
[2012] UKEAT 0286 – 11 – 0205
Links:
Statutes:
Civil Liability (Contribution) Act 1978, Equal Pay Act 1970, Sex Discrimination Act 1975 6, Employment Tribunal Rules of Procedure, Law Reform (Married Women and Tortfeasors) Act 1935 6(1)( c), Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 3
Jurisdiction:
England and Wales
Citing:
Cited – Bury Metropolitan Borough Council v Hamilton and Others EAT 28-Jan-2011
bury_hamiltonEAT11
EAT EQUAL PAY – Material factor defence and justification
BONUS CLAIMS (both appeals)
Equal pay claims by female local authority employees to the benefit of bonus paid to male colleagues under . .
Cited – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Cited – Bullimore v Pothecary Witham Weld etc EAT 21-Sep-2010
EAT SEX DISCRIMINATION – COMPENSATION
H, a partner in a firm of solicitors, PWW, by whose predecessor C had previously been employed gave an unfavourable reference to another firm, S, with whom she was . .
Cited – London Borough of Hackney v Sivanandan and Others EAT 27-May-2011
EAT RACE DISCRIMINATION – Compensation
SEX DISCRIMINATION – Compensation
APPEAL
Council and a charity both supplied members to a recruitment panel which victimised the Claimant – Tribunal makes . .
Cited – Charles Scott and Partners Consulting Engineers Ltd v Hamilton EAT 9-Aug-2011
EAT Redundancy : Fairness – Redundancy dismissal. Failure to consult but meetings with employee subsequent to decision to dismiss. Decision on appeal taken by same persons as had decided to dismiss, namely all . .
See Also – Brennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .
See Also – Council of The City of Sunderland v Brennan and Others CA 3-Apr-2012
Equal pay claim – Whether difference in pay due to material factor other than sex . .
Cited by:
See Also – Sunderland City Council v Brennan and Others EAT 2-May-2012
EAT PRACTICE AND PROCEDURE – Contribution
PRACTICE AND PROCEDURE – Disclosure
(1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination, Damages
Updated: 13 October 2022; Ref: scu.454097
