The EAT has ruled that employment tribunals do not have jurisdiction to apportion liability between respondents to a discrimination claim. The same would apply in relation to joint and several liability for failures to inform and consult under TUPE.
Where two or more respondents are jointly and severally liable for a compensation award, the claimant can choose against whom to enforce the award. The EAT has ruled that an employment tribunal has no jurisdiction to hear a claim under the Civil Liability (Contribution) Act 1978 for the other respondent to contribute. More worryingly, the EAT also considered (obiter) that the civil courts' powers to apportion liability under the 1978 Act do not apply to employment tribunal claims either, leaving co-respondents with no route to claim a contribution. (Brennan v Sunderland City Council, EAT)
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