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Compensation: Liability for indivisible loss is joint and several

This report relates to 1 case(s)

In London Borough of Hackney v Sivanandan and others [2013] IRLR 408 CA, the Court of Appeal held that an employer vicariously liable for an employee’s discriminatory act had joint and several liability for the whole sum awarded in compensation.

Key points

  • The Court of Appeal has affirmed that liability for indivisible damage (where the particular loss caused by each respondent cannot rationally be distinguished and attributed) suffered by a claimant as a result of discrimination by a number of respondents will be joint and several.