The EAT has held that two board members were jointly and severally liable with the company for claims of religion or belief discrimination compensation and aggravated damages and that they were acting as agents of the company for the purposes of claims in the Employment Tribunal.
The EAT was considering the extent to which a Tribunal could take post-employment conduct into account when awarding aggravated damages. It held that the board members had contributed to the damage suffered by the employees after the termination of their employment by making malicious complaints to the police.
As such, the individuals have been left exposed to large compensation awards as the company has since become insolvent.
The case conflicted with previous case law which suggested that tribunals should not make respondents jointly and severally liable.
Key point: This case is significant in that it helps pave the way for respondents to be held jointly and severally liable in discrimination cases.
Bungay and another v Saini and others 2011