Liability for compensation cannot be apportioned
In Brennan and others v Sunderland City Council and others the EAT held that employment tribunals have no jurisdiction to apportion liability between respondents who are jointly liable for discrimination compensation. Jurisdiction is governed by statute and the Civil Liability (Contribution) Act 1978, which sets out the right of one party to claim a contribution from another, does not allow employment tribunals to determine such claims. Furthermore, the jurisdiction of employment tribunals under anti-discrimination legislation is to decide upon the liability of respondents, not the question of contributions between them.
Created on: 10-May-12 16:19