Catanzano v Studio London Ltd & Ors (Sex Discrimination : Injury to feelings) [2012] UKEAT 0487_11_0703 (07 March 2012)

Catanzano v Studio London Ltd & Ors (Sex Discrimination : Injury to feelings) [2012] UKEAT 0487_11_0703 (07 March 2012)

Compensation for sex discrimination and loss of earnings must be joint and several against all responsible respondents where loss is indivisible; uplift for breach of ACAS Code applies only to employer responsible for grievance handling.

Citation
[2012] UKEAT 0487_11_0703
Parties
Appellant: Ms Catanzano; First Respondent: Studio London Ltd; Second Respondent: Mrs McMillan; Third Respondent: Mr Ward
Jurisdiction
United Kingdom
Judgment Date
07 March 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment (remedy Section)
Outcome
Appeal allowed in part
Legal Topics
Sex Discrimination, Unfair Dismissal, Remedies, Apportionment of Liability, Injury to Feelings, Loss of Earnings, Unlawful Deductions
Employment Law Discrimination Law Sex Discrimination Unfair Dismissal Remedies Apportionment of Liability Injury to Feelings Loss of Earnings +1 more

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Parties

Ms Catanzano

Appellant

Studio London Ltd

First Respondent

Mrs McMillan

Second Respondent

Mr Ward

Third Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment (remedy Section)

Legal Issues

  1. 1 Whether compensation for sex discrimination should be joint and several between respondents
  2. 2 Whether 25% uplift applies to individual respondents
  3. 3 Whether compensation for loss of earnings should be awarded under sex discrimination claim on joint and several basis

Ratio Decidendi

Compensation for sex discrimination and loss of earnings must be joint and several against all responsible respondents where loss is indivisible; uplift for breach of ACAS Code applies only to employer responsible for grievance handling.

Court Disposition

Appeal allowed in part

Orders

  • Award for injury to feelings (£3,000) to be joint and several against all three respondents
  • Award for loss of earnings to be joint and several against all three respondents under sex discrimination head