Employment Briefing - November 2011

Joint and several liability in discrimination claims

The EAT has highlighted the potential personal exposure for individuals in discrimination claims. A claim for discrimination can be brought both against an employer organisation (the principal) and individuals (agents). Where all or some respondents are found to be jointly and severally liable for the same damage suffered by the claimant, compensation can be recovered from any of them although the liabilities between the respondents are several (so that one respondent can pursue the others to pay for their share).

In practice, most compensation payments are met in their entirety by the employer. In Bungay and another v Saini and others, however, the employer company, the All Saints Haque Centre, had gone into compulsory liquidation shortly after the decision on liability was given. Two board members, Mr Bungay and Mr Paul, had been found liable with the Centre for direct religion and belief discrimination and