Michael Salter & Chris Bryden tackle contributions between co-respondents
The remedy that most claimants seek from an employment tribunal when complaining about any form of discrimination is financial recompense and a tribunal can award successful claimants compensation for lost earnings and for injury to feelings caused by the acts of discrimination.
In many claims, there are potentially a number of respondents who may be named as parties to the claim. Tribunals are entitled to make joint and several awards against multiple respondents, as they are required to award compensation in the same way as in claims in tort: Way v Crouch [2005] ICR 1362, under what are now s 119 and s 124(6) of the Equality Act 2010 (EqA 2010). In Way the Employment Appeal Tribunal (EAT) then proceeded to explain the principles to which tribunals should have regard when considering whether or not to make such an award. The EAT found that it could have regard to the Civil Liability (Contribution) Act 1978 (CLIA 1978) and apportion liability between various respondents where it was “just and
