The claimant unsuccessfully applied for employment with a charity funded by Hackney Council. She claimed to have been unsuccessful because of discrimination and victimisation arising out of her having previously brought a discrimination claim against the charity. The claimant brought proceedings against the charity and Hackney Council as well against as named employees of the Council and charity and committee members.
The Tribunal upheld the claimant’s complaints of victimisation and held that the respondents were jointly and severally liable to pay her damages of £421,415.
The EAT dismissed the Council's appeal and held that compensation for loss caused by unlawful discrimination should follow the ordinary principles of the law of tort i.e. each discriminator is liable for the entire award of compensation and it is not necessary to apportion liability between the discriminators.
(London Borough of Hackney v Sivanandan & Others)