Liability for discrimination

Case 7: The facts

Miss Gilbank had a good relationship with her manager, Ms Miles, until she announced that she was pregnant. A tribunal found that Gilbank was subjected to a sustained, vicious campaign of bullying and harassment during her pregnancy. It awarded compensation, including £25,000 for injury to feelings, against both Miles and the company.

Miles, who claimed that the company had been wound up, argued that she should not be held personally liable and appealed against the amount of the award.

The ruling

The Employment Appeal Tribunal (EAT) confirmed that a compensatory award for discrimination can be made on a "joint and several liability" basis, against an individual as well as a company. If a senior manager takes part in and fosters a culture of bullying, it said, s/he will be liable. It was also clear in this case that it was Miles who "made the company tick".

The EAT did not consider that £25,000 for injury to feelings was too high. Although this was considered the maximum award for injury to feelings in the case of Vento v Chief Constable of West Yorkshire Police, that decision was made in 2002 so had been devalued slightly by inflation. Claimants should therefore note that it would be reasonable to adjust those figures accordingly.

Miles v Gilbank UKEAT/0396/05