Rollins-Elliott v. Rooproy & Anor [2005] UKEAT 0822_04_0407 (4 July 2005)

Rollins-Elliott v. Rooproy & Anor [2005] UKEAT 0822_04_0407 (4 July 2005)

Employment Tribunal erred in law by failing to apportion compensation and by considering financial ability to pay; compensation should be apportioned according to culpability.

Citation
[2005] UKEAT 0822_04_0407
Parties
Appellant: Mrs M Rollins-Elliott; First Respondent: Mrs J Rooproy; Second Respondent: Manor House Hospitals Ltd
Jurisdiction
United Kingdom
Judgment Date
04 July 2005
Procedural Posture
Employment Appeal Tribunal / Appeal From Remedies Hearing
Outcome
Appeal allowed in part
Legal Topics
Race Discrimination, Apportionment of Compensation, Joint and Several Liability
Employment Law Equality Law Race Discrimination Apportionment of Compensation Joint and Several Liability

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Parties

Mrs M Rollins-Elliott

Appellant

Mrs J Rooproy

First Respondent

Manor House Hospitals Ltd

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Remedies Hearing

Legal Issues

  1. 1 Whether compensation can be awarded against a dissolved company
  2. 2 Whether compensation should be apportioned between respondents in race discrimination cases
  3. 3 Whether financial ability to pay is relevant to apportionment

Ratio Decidendi

Employment Tribunal erred in law by failing to apportion compensation and by considering financial ability to pay; compensation should be apportioned according to culpability.

Court Disposition

Appeal allowed in part

Orders

  • Award against Mrs M Rollins-Elliott set at 20% of £5,653.50 (£1,130.70)
  • Award against Manor House Hospitals Ltd set at 80% of £5,653.50 (£4,522.80), subject to enforceability