Catanzo v (1) Studio London Ltd (2) McMillan (3) Ward - Joint and several liability of concurrent wrongdoers [2012] EAT

Where the loss which is being compensated for in a discrimination case is attributable to concurrent wrongdoers, it is indivisible. An employment tribunal has no power to apportion that loss between the Respondents, since each will be jointly and severally liable for the whole amount.

Ms Catanzo was employed by Studio London Ltd (SLL) from 2008. Her request to return to work after the birth of her child was initially refused, on the basis that there was no work for her to do. She was eventually allowed to return to work but was summarily dismissed within weeks for a matter of misconduct that was neither put to her nor properly investigated. She submitted a grievance that was very badly dealt with, and then submitted claims of sex discrimination and unfair dismissal to the Employment Tribunal.

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