Hackney v Sivanandan & Ors [2003] UKEAT 0622_03_1811 (18 November 2003)

Hackney v Sivanandan & Ors [2003] UKEAT 0622_03_1811 (18 November 2003)

The London Borough of Hackney is vicariously liable under section 32(1) of the Race Relations Act 1976 for the acts of Ms White, its employee, who knowingly aided and abetted the victimisation of Ms Sivanandan. The statutory scheme permits both the principal (HARE) and the employer (Hackney) to be liable for the same act, and the Tribunal made sufficient findings of fact to support knowing aiding and abetting under section 33(1).

Citation
[2003] UKEAT 0622_03_1811
Parties
Appellant/cross Appellant: Ms Sivanandan; Appellant/seventh Respondent: London Borough of Hackney; First Respondent: Executive Committee of Hackney Action for Racial Equality (HARE); Respondent/employer: HARE (a company limited by guarantee); Eighth Respondent: Ms White
Jurisdiction
United Kingdom
Judgment Date
18 November 2003
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Vicarious Liability, Victimisation, Race Discrimination, Sex Discrimination, Aiding and Abetting, Statutory Interpretation
Employment Law Discrimination Law Vicarious Liability Victimisation Race Discrimination Sex Discrimination Aiding and Abetting Statutory Interpretation

Case Brief

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Parties

Ms Sivanandan

Appellant/cross Appellant

London Borough of Hackney

Appellant/seventh Respondent

Executive Committee of Hackney Action for Racial Equality (HARE)

First Respondent

HARE (a company limited by guarantee)

Respondent/employer

Ms White

Eighth Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the London Borough of Hackney is vicariously liable for acts of victimisation by its employee under the Race Relations Act 1976 and Sex Discrimination Act 1975
  2. 2 Whether Ms White's conduct constituted knowing aiding and abetting under section 33(1) of the Race Relations Act 1976
  3. 3 Whether liability can attach to both the principal (HARE) and the employer (Hackney) for the same act under the statutory scheme

Ratio Decidendi

The London Borough of Hackney is vicariously liable under section 32(1) of the Race Relations Act 1976 for the acts of Ms White, its employee, who knowingly aided and abetted the victimisation of Ms Sivanandan. The statutory scheme permits both the principal (HARE) and the employer (Hackney) to be liable for the same act, and the Tribunal made sufficient findings of fact to support knowing aiding and abetting under section 33(1).

Court Disposition

Appeal dismissed

Orders

  • The appeal of the London Borough of Hackney is dismissed.
  • The remedy hearing against the London Borough of Hackney may proceed.