emplaw.co.uk employment law web updater summary 17 May 2006

Summary Information : Miles v Gilbank - when can a manager be jointly and severally liable for sex discrimination - and when should the "top band" award be aplied for injury to feelings - CA 11.5.06 An appeal brought by Ms Miles, a manager who was held jointly and severally liable with her company for sex discrimination, was dismissed by the Court of Appeal. The appeal raised questions as to whether the EAT had erred in finding that Ms Miles should be jointly and severally liable when other managers also carried out discriminatory acts, and as to whether the award of £25,000 for injury to feelings was "manifestly excessive." The Court of Appeal found that because Ms Miles "consciously fostered and encouraged a discriminatory culture" the EAT was right in finding her jointly and severally liable. It also agreed with its decision to make a "top band" award of £25,000 which, as per guidance from Vento v West Yorkshire Police, should only be made "in the most serious cases." As Ms Gilbank was subjected to "repeated acts of discrimination" which were "deliberate and very hurtful and distressing" and "involved the well-being of Ms Gilbank's unborn child" the Court of Appeal concluded that her award was not "manifestly excessive." See related topic on emplaw.co.uk here To continue to full item click here