The appellant local authority appealed against an award of compensation made against it on the basis that it was jointly and severally liable to pay £421,415 to the respondent, Ms Sivanandan, for victimisation. Ms Sivanandan had interviewed unsuccessfully for two posts with a body (H) which had been set up by the local authority and the Commission for Racial Equality. The interview panels consisted of members of H's executive committee and an employee (W) of the local authority. Ms Sivanandan had previously been a member of H's executive committee and had successfully brought proceedings against it for racial discrimination.

When she was not selected for either post, Ms Sivanandan brought victimisation claims against H's director and the panel members