Superviser Jointly Liable for Discrimination
Aiding Sexual Discrimination - Employer and Manager Jointly LiableMiles v Gilbank and another: [2006] EWCA Civ 543
CA
11 May 2006
Daily Law Notes Summary
After employee became pregnant she was subjected to a sustained
campaign of bullying and discrimination by the manager who
encouraged staff to act likewise. Employer did not prevent this
behaviour. Manager appealed after Tribunal ordered her to pay
£25,000 jointly and severally with the employer. CA refused
appeal: pursuant to section 42 she was deemed to have aided the
discriminatory acts of the employer and was herself to be treated
as having acted unlawfully in doing such acts. Accordingly, it was
open to the employment tribunal to make an award against her and
the employer on a joint and several basis.