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27 July 2012 / Michael Salter , Chris Bryden
Issue: 7524 / Categories: Features , Discrimination , Employment
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The early bird...

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Chris Bryden & Michael Salter discuss the correct approach to apportioning discrimination awards

In a previous article, the authors discussed the impact of the Employment Appeal Tribunal’s decision in Brennan and others v Sunderland City Council UKEAT/0286/11/SM (“An unsatisfactory state of affairs?”, NLJ, 22 June 2012, p 821). In this case, the Employment Appeal Tribunal (EAT) found that there was no jurisdiction for an employment tribunal to entertain claims for contributions between discriminating respondent parties. At the end of that article we posited that there was a risk that individual employee respondents could face when a substantial award has been made by the tribunal.

Real consequences

This potential risk has very real consequences for those advising claimants at the earliest stages of litigation. One of the authors has recently been involved in a case where the impact of Brennan was felt a few weeks after the ET1 was presented. In this matter, an employee had presented their ET1 without the assistance of a lawyer. The ET1 was, at best, sparse and made reference to some alleged comments

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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