Miles v Gilbank

Miles v Gilbank

Ms Miles, as salon manager and director, consciously fostered and encouraged a discriminatory culture targeting Ms Gilbank, and by her behaviour and example, aided the acts of discrimination by other managers. This conduct went beyond mere toleration and amounted to knowingly aiding unlawful acts under section 42 of the Sex Discrimination Act 1975. The award for injury to feelings was not manifestly excessive given the seriousness, deliberateness, and sustained nature of the discrimination, including its impact on the claimant’s pregnancy.

Parties
Appellant: Miles; Respondent: Gilbank
Jurisdiction
England and Wales
Judgment Date
11 May 2006
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Vicarious Liability, Aiding Unlawful Acts, Damages for Injury to Feelings
Employment Law Discrimination Law Sex Discrimination Vicarious Liability Aiding Unlawful Acts Damages for Injury to Feelings

Case Brief

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Parties

Miles

Appellant

Gilbank

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether Ms Miles was jointly and severally liable with Quality Hairdressing Limited for acts of sex discrimination committed by other managers under section 42 of the Sex Discrimination Act 1975
  2. 2 Whether the award for injury to feelings was manifestly excessive

Ratio Decidendi

Ms Miles, as salon manager and director, consciously fostered and encouraged a discriminatory culture targeting Ms Gilbank, and by her behaviour and example, aided the acts of discrimination by other managers. This conduct went beyond mere toleration and amounted to knowingly aiding unlawful acts under section 42 of the Sex Discrimination Act 1975. The award for injury to feelings was not manifestly excessive given the seriousness, deliberateness, and sustained nature of the discrimination, including its impact on the claimant’s pregnancy.

Court Disposition

Appeal dismissed

Orders

  • Ms Miles is jointly and severally liable with Quality Hairdressing Limited for the award of £29,050.60 to Ms Gilbank, including £25,000 for injury to feelings.