Case report round-up: Liability for indivisible loss caused by discriminators must be joint and several

XpertHR's latest case reports cover:

Compensation: Liability for indivisible loss caused by discriminators must be joint and several In London Borough of Hackney v Sivanandan and others [2011] IRLR 740 EAT, the EAT held that, where two or more discriminators cause loss to the claimant, their liability for compensation must be "joint and several", unless it can be shown that each individual discriminator has caused a separate and identifiable part of the loss. (Employment Review)
Unfair dismissal: Employer failed to comply with retirement formalities In Bailey v R&R Plant (Peterborough) Ltd EAT/0370/10, the EAT held that the employer failed to comply with the retirement procedures in sch.6 to the Employment Equality (Age) Regulations 2006 when it failed to inform the employee that any request not to be retired had to be in writing and had to state that it was made under para.5(3) of sch.6. (Employment Review)
Unfair dismissal: fairness no more important in ill-health cases than in other cases In Dundee City Council v Sharp EATS/0009/11, the EAT held that there is no absolute rule that, in the case of sickness absence, dismissal will be unfair unless the employer has obtained all relevant facts, or that an employer is not entitled to accept an employee's own account of the state of their health. Further, an employee's length of service is irrelevant to the employer's assessment of his or her health. (Personnel Today)

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