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Make provision about representation of and assistance to complainants in |
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discrimination proceedings before employment tribunals and the |
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Employment Appeal Tribunal; to establish and confer functions upon the |
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Tribunal Representation and Assistance Board; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Constitution and funding of the Board |
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1 | Tribunal Representation and Assistance Board |
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(1) | There shall be a body known as the Tribunal Representation and Assistance |
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Board (referred to in this Act as “the Board”). |
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(2) | Schedule 1 (which makes provision about the Board’s constitution and related |
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2 | Principal duties and functions of the Board |
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(1) | The principal duties of the Board shall be to ensure that assistance and |
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(a) | available to all eligible complainants in— |
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(i) | proceedings to which this Act applies, and |
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(ii) | relevant activities preparatory to such proceedings, |
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| so as to provide that there is equality of arms in those proceedings; |
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(b) | available to eligible complainants wherever practicable from accredited |
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(c) | provided to eligible complainants at the lowest cost commensurate |
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with the fulfilment of the objective set out in paragraph (a). |
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(2) | The Board shall have the functions of— |
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(a) | accrediting bodies and monitoring the provision of assistance and |
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representation by accredited bodies or otherwise in accordance with |
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the provisions of section 4; |
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(b) | securing the provision of assistance and representation in designated |
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areas by accredited bodies or otherwise in accordance with the |
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(c) | issuing and revising codes of practice on the operation of this Act in |
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accordance with the provisions of section 6; and |
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(d) | promoting awareness of the provisions of this Act amongst persons |
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likely to be affected by them. |
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(3) | The Board may, for any purpose connected with the performance of its |
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(a) | make proposals or give other advice to any Minister of the Crown as to |
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any aspect of the law or a proposed change to the law, |
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(b) | make proposals or give advice to any public authority as to the practical |
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(c) | undertake, or arrange for or support (whether financially or otherwise), the |
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carrying out of research or the provision of advice or information. |
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(4) | Nothing in subsection (3) is to be regarded as limiting the Board’s powers. |
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(5) | The Board may make charges for facilities or services made available by it for |
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“assistance” has its wider meaning; |
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“the law” includes Community law and the international obligations of |
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“public authority” has the same meaning as in section 6 of the Human |
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Rights Act 1998 (c. 42) (acts of public authorities). |
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(1) | At least three months before the beginning of each relevant financial year, the |
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Board shall prepare and send to the Lord Chancellor an estimate of its funding |
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needs for that financial year. |
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(2) | An estimate prepared under subsection (1) shall specify the needs in relation |
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to each of the functions of the Board set out in section 2(2) and the overall |
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funding needs of the Board. |
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(3) | It shall be the duty of the Lord Chancellor to secure that there is paid to the Board out |
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of money provided by Parliament in respect of each financial year an amount that is |
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equal to or greater than the total funding needs of the Board contained in the estimate |
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relating to that financial year prepared under subsection (1). |
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(4) | In pursuance of his duty under subsection (3), the Lord Chancellor may direct— |
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(a) | the Secretary of State, and |
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(b) | an equality Commission, |
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| to pay to the Board such amounts as may be specified in the direction. |
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(5) | In this section, “relevant financial year” means each financial year referred to |
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in paragraph 15(7)(b) of Schedule 1. |
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Accreditation and provision of assistance and representation |
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4 | Accreditation and monitoring |
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(1) | The Board shall accredit bodies that may tender for the provision of assistance |
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and representation in a designated area under section 5. |
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(2) | The system of accreditation shall include provision for the monitoring of the |
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services provided by accredited bodies or otherwise and for the withdrawal of |
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accreditation from any bodies providing services of an unsatisfactory quality. |
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(3) | The Board shall set and monitor standards in relation to the provision of |
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assistance and representation by an accredited body or otherwise under |
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(4) | Standards under subsection (3) shall in particular to be set so as to secure that |
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accredited bodies do not obtain or seek to obtain a profit from the provision of |
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assistance and representation under section 5. |
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5 | Assistance and representation provided by accredited bodies or otherwise |
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(1) | The Board shall invite tenders for the provision in each designated area by an |
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accredited body of assistance and representation to all eligible complainants |
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(a) | proceedings to which this Act applies, and |
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(b) | relevant activities preparatory to such proceedings. |
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(2) | Invitations to tender under subsection (1) shall— |
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(a) | be published in such form as the Board considers appropriate, |
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(b) | specify the period for which the functions specified in subsection (1) are |
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to be provided in a designated area, |
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(c) | require accredited bodies to provide such other information as the |
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Board considers necessary for the purpose of enabling it to come to a |
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decision under subsection (3). |
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(3) | The Board shall (subject to subsection (5)(b)) select an accredited body to carry |
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out the functions specified in subsection (1) in a designated area from amongst |
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those who have responded to the invitation to tender. |
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(4) | Where an accredited body has been selected under subsection (3), the Board |
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(a) | make such arrangements as it considers appropriate for the purpose of |
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enabling the accredited body to carry out the functions specified in |
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subsection (1) in the designated area, |
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(b) | in particular, make arrangements for the payment to the accredited body of |
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such amounts as are reasonably incurred by that accredited body in carrying |
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(c) | monitor the performance of those functions by the accredited body in |
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accordance with section 4. |
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(a) | no responses by accredited bodies to an invitation to tender are |
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received in respect of a designated area, or |
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(b) | the Board is not satisfied that it is appropriate to select any of the |
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accredited bodies that have responded to carry out the functions |
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specified in subsection (1) in a designated area, |
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| the Board shall secure the performance of the functions specified in subsection |
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(1) in that designated area otherwise than by an accredited body, having regard |
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to its principal duties under section 2(1). |
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(6) | For the purposes of subsection (5), the Board may— |
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(a) | make such arrangements as it considers appropriate for the purpose of |
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enabling bodies or persons to carry out the functions specified in |
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subsection (1) in the designated area, |
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(b) | in particular, make arrangements for the payment to bodies or persons of such |
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amounts as are reasonably incurred by bodies or persons in carrying out those |
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(c) | monitor the performance of those functions by bodies or persons in |
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accordance with section 4. |
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(7) | Where the Board is satisfied that the performance of functions by an accredited |
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body or another body or person is unsatisfactory, the Board may terminate any |
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arrangement under subsection (4) or (6). |
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(8) | The Board shall designate areas for the purposes of this section (to be known |
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as “designated areas”), having regard to the desirability of ensuring that, |
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wherever practicable, the areas so designated are the areas for the time being |
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designated for the purpose of determining the jurisdiction of tribunals. |
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General provisions about the Board |
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(1) | The Board shall prepare and issue codes of practice for the purpose of giving |
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practical guidance to accredited bodies and other bodies and persons carrying |
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out functions under this Act. |
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(2) | The Board shall deal in particular under subsection (1) with the determination |
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of whether or not a person is an eligible complainant. |
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(a) | keep any code of practice under this section under review, and |
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(b) | prepare a revised code of practice when appropriate. |
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(4) | Before preparing a code of practice under this section, the Board shall |
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(a) | the equality Commissions, |
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(b) | the Lord Chancellor, and |
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(c) | such other bodies and persons as appear to the Board to be appropriate. |
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(5) | The Board shall publish a code of practice issued under this section in such a |
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way as, in its opinion, is likely to bring the code of practice to the attention of |
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7 | Agency arrangements and provision of services |
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(1) | Arrangements may be made between the Authority and an equality |
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(a) | any functions of the Board to be carried out by, or by members of staff |
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(b) | the provision by that Commission of administrative, professional or |
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technical services to the Board. |
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(2) | Arrangements under subsection (1)(a) shall not affect responsibility for the |
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carrying out of the Board’s functions. |
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(1) | As soon as practicable after the end of each financial year, the Board shall |
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prepare a report in respect of its activities during that financial year. |
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(2) | The Authority shall send each report under this section to— |
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(a) | the Lord Chancellor, and |
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(b) | the Secretary of State, |
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| as soon as practicable after the end of the period to which the report relates. |
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(3) | The Lord Chancellor shall lay a copy of each report received by him under this |
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section before each House of Parliament. |
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(4) | In this section, “financial year” has the meaning given by paragraph 15(7) of |
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9 | Duties in relation to carrying out functions |
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(1) | The Board shall carry out its functions effectively, efficiently and economically. |
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(2) | In carrying out its functions, the Board must, so far as relevant, have regard to |
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the principles of best regulatory practice (including the principles under which |
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regulatory activities should be transparent, accountable, proportionate, |
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consistent and targeted only at cases in which action is needed). |
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10 | Consequential amendments |
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Schedule 2 (which makes consequential amendments of other Acts) has effect. |
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Interpretative provisions |
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11 | Proceedings to which this Act applies and relevant preparatory activities |
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(1) | This Act applies to proceedings— |
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(a) | before a tribunal in respect of a complaint under— |
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(i) | section 2 of the 1970 Act (disputes as to, and enforcement of, |
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requirement for equal treatment), |
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(ii) | section 63 of the 1975 Act (jurisdiction of employment |
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(iii) | section 54 of the 1976 Act (jurisdiction of employment |
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(iv) | section 17A of the 1995 Act (enforcement, remedies and |
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(v) | Regulation 28 of the Religion or Belief Regulations (jurisdiction |
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of employment tribunals), and |
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(vi) | Regulation 28 of the Sexual Orientation Regulations |
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(jurisdiction of employment tribunals); and |
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(b) | on an appeal to the Appeal Tribunal arising from any decision of, or |
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arising in any proceedings before, a tribunal in respect of a matter |
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referred to in paragraph (a). |
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(2) | For the purposes of subsection (1)(a), “proceedings” before a tribunal includes |
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proceedings under a conciliation procedure prescribed under regulations |
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made under section 19 of the 1996 Act (conciliation procedure). |
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(3) | In this Act, “relevant activities preparatory to proceedings to which this Act |
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(a) | reaching a decision on whether to institute proceedings to which this |
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(b) | considering actions as an alternative to the institution of such |
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12 | Meaning of “eligible complainant” |
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(1) | In this Act, “eligible complainant” means a person who meets each of the |
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conditions specified in subsections (2) to (5). |
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(2) | The condition specified in this subsection is that the person is— |
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(a) | undertaking relevant activities preparatory to proceedings to which |
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this Act applies in which he would be the complainant, |
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(b) | making a complaint under one of the provisions specified in section |
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(c) | instituting or pursuing proceedings on an appeal to the Appeal |
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Tribunal arising from any decision of, or arising in any proceedings |
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before, a tribunal in respect of a matter referred to in paragraph (b). |
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(3) | The condition specified in this subsection is that the person is not— |
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(a) | making a complaint under one of the provisions specified in section |
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(b) | receiving assistance under— |
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(i) | section 66 of the 1976 Act (assistance by the Commission for |
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(ii) | section 30 of the Equality Act 2005 (c. 00) (legal assistance). |
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(4) | The condition specified in this subsection is that the person is not receiving |
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assistance from a trade union in making his complaint or instituting |
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(5) | The condition specified in this subsection is that the person has requested |
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representation or assistance or both. |
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13 | Wider meaning of “assistance” |
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For the purposes of this Act, the wider meaning of “assistance” may include— |
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(b) | procuring or attempting to procure the settlement of any matter in |
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(c) | arranging for the giving of advice or assistance by a solicitor, counsel or |
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(d) | arranging for representation by any person, including all such |
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assistance as is usually given by a solicitor, counsel or advocate in the |
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steps preliminary or incidental to any proceedings, or in arriving at or |
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giving effect to a compromise to avoid or bring to an end any |
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(e) | any other form of assistance which the body giving the assistance may |
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consider appropriate; and |
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(i) | any deposit that may be required by a tribunal under regulations |
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under section 9(2)(a) of the 1996 Act (pre-hearing reviews and |
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(ii) | any costs or expenses that fall to be made under regulations under |
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section 13 of that Act (costs and expenses: tribunal), |
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(iii) | any costs or expenses that fall to be made under section 34 of that Act |
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(costs and expenses: Appeal Tribunal), |
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(iv) | the reasonable costs of an eligible complainant in complying with any |
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order of a tribunal issued under rule 28 of Schedule 1 to the |
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Employment Tribunal Regulations other than a costs or expenses |
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(v) | the reasonable travel expenses of an eligible complainant for |
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attendance at proceedings of a tribunal or of the Appeal Tribunal in |
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respect of his complaint. |
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14 | General interpretation |
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“the 1970 Act” means the Equal Pay Act 1970 (c. 41); |
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“the 1975 Act” means the Sex Discrimination Act 1975 (c. 65); |
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“the 1976 Act” means the Race Relations Act 1976 (c. 74); |
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“the 1995 Act” means the Disability Discrimination Act 1995 (c. 50); |
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“the 1996 Act” means the Employment Tribunals Act 1996 (c. 17); |
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“accredited bodies” means bodies accredited in accordance with the |
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“the Appeal Tribunal” means the Employment Appeal Tribunal provided |
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for under Part 2 of the 1996 Act; |
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“assistance”, when used with its wider meaning, has the meaning given |
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“the Board” means the Tribunal Representation and Assistance Board |
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established under section 1; |
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“the Commission for Equality and Human Rights” has the meaning given |
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by Part 1 of the Equality Act 2005 (c. 00); |
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“the Commission for Racial Equality” has the meaning given by Part 7 of |
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“designated areas” means areas designated in accordance with the |
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provisions of section 5(8); |
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“eligible complainant” has the meaning given by section 12; |
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“the Employment Tribunal Regulations” means the Employment |
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Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. |
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“the equality Commissions” means— |
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(a) | the Commission for Equality and Human Rights, and |
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