If more than one party discriminated against you, you can claim the full amount from either of them.
“Court of Appeal confirmed joint and several liability: claimant can recover the full award from either respondent.”
If two respondents are both liable for the same discrimination, you can recover the full compensation award from either one of them. The tribunal doesn't split it between them.
- If your claim involves more than one respondent, for example an employer and an individual manager, you are not limited to recovering only their "share" from each.
- In practice, pursuing the better-resourced respondent (often the organisation, rather than an individual) for the full amount is a sound and common strategy.
- Get advice early on how to frame a claim against multiple respondents and on enforcing a judgment once you've won. Recovering money in practice can be harder than winning the claim itself.
The situation
A job applicant was rejected for a role with a charity. They successfully brought claims of sex and race discrimination and victimisationBeing treated badly because you've raised a complaint, supported someone else's complaint, or done something else the law protects, such as raising a grievance or whistleblowing. It is unlawful in its.... Two respondents were found responsible: the local authority connected to the recruitment process, held vicariously liable for the actions of one of its officers, and an individual respondent, held personally liable for her own conduct. The tribunal awarded substantial compensation, more than £420,000, and didn't split the liability between the two. The local authority appealed, arguing the award should have been apportioned.
What the court found
The Court of Appeal upheld the tribunal's approach. Where two people or organisations are both responsible for the same act of discrimination, and the harm caused can't genuinely be separated into distinct portions, they're jointly and severally liable. That means the claimant can recover the full award from either respondent. The tribunal doesn't divide it up between them. If one respondent pays more than a court would later decide was their fair share, they can seek a contribution from the other respondent afterwards. That's a separate process between the respondents, though, and it doesn't limit what the claimant can recover.
London Borough of Hackney v Sivanandan & Ors. Court of Appeal. 29 January 2013.