A manager who actively encourages a culture of discrimination at work can be made jointly and severally liable with the employer for damages resulting from a claim.
The Employment Appeal Tribunal’s surprising decision was the result of an appeal by Maxine Miles, who appealed against being found jointly and severally liable for damages of more then £25,000 with her employer, Quality Hairdressing Ltd. The damages were awarded to Janine Gilbank after Ms Gilbank, who was a trainee hairdresser, was judged to have been discriminated against when she became pregnant, being subjected to a sustained campaign of bullying and behaviour described as ‘vicious’ and ‘inhumane’.
Warwick Employment Tribunal regarded the treatment Ms Gilbank received as showing a callous disregard for both her welfare and that of her unborn child and made the maximum award possible. Ms Miles appealed against both the amount of the award and the order which made her share liability with her employer.
Discrimination - Manager Shares Cost with Employer
Managers who participate in fostering a culture of discrimination could find themselves paying the price for their misdeeds. This case illustrates that the Employment Tribunal will take action against all those responsible for breaches of anti-discrimination law when the circumstances merit it. If discriminatory behaviour persists in your firm, contact us for advice.
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