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20Part 9 Enforcement

Chapter 1 Introductory

107 Proceedings

(1) 25Proceedings relating to a contravention of this Act must be brought in
accordance with this Part.

(2) Subsection (1) does not apply to proceedings under Part 1 of the Equality Act
2006.

(3) Subsection (1) does not prevent—

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(a) a claim for judicial review;

(b) proceedings under the Immigration Acts;

(c) proceedings under the Special Immigration Appeals Commission Act
1997;

(d) 5in Scotland, an application to the supervisory jurisdiction of the Court
of Session.

(4) This section is subject to any express provision of this Act conferring
jurisdiction on a court or tribunal.

(5) The reference to a contravention of this Act includes a reference to a breach of
10an equality clause or rule.

(6) Chapters 2 and 3 do not apply to proceedings relating to an equality clause or
rule except in so far as Chapter 4 provides for that.

(7) This section does not apply to—

(a) proceedings for an offence under this Act;

(b) 15proceedings relating to a penalty under Part 12 (disabled persons:
transport).

Chapter 2 Civil courts

108 Jurisdiction

(1) 20A county court or, in Scotland, the sheriff has jurisdiction to determine a claim
relating to—

(a) a contravention of Part 3 (services and public functions);

(b) a contravention of Part 4 (premises);

(c) a contravention of Part 6 (education);

(d) 25a contravention of Part 7 (associations);

(e) a contravention of section 102, 105 or 106 that relates to Part 3, 4, 6 or 7.

(2) Subsection (1)(a) does not apply to a claim within section 109.

(3) Subsection (1)(c) does not apply to a claim within section 110.

(4) For the purposes of proceedings on a claim within subsection (1)(a)—

(a) 30a decision in proceedings on a claim mentioned in section 109(1) that an
act is a contravention of Part 3 is binding;

(b) it does not matter whether the act occurs outside the United Kingdom.

(5) The county court or sheriff—

(a) must not grant an interim injunction or interdict unless satisfied that no
35criminal matter would be prejudiced by doing so;

(b) must grant an application to stay or sist proceedings under subsection
(1) on grounds of prejudice to a criminal matter unless satisfied the
matter will not be prejudiced.

(6) In proceedings in England and Wales on a claim within subsection (1), the
40power under section 63(1) of the County Courts Act 1984 (appointment of
assessors) must be exercised unless the judge is satisfied that there are good
reasons for not doing so.

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(7) In proceedings in Scotland on a claim within subsection (1), the power under
rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of
assessors) must be exercised unless the sheriff is satisfied that there are good
reasons for not doing so.

(8) 5The remuneration of an assessor appointed by virtue of subsection (7) is to be
at a rate determined by the Lord President of the Court of Session.

109 Immigration cases

(1) A claim is within this section if it relates to the act of an immigration authority
in taking a relevant decision and—

(a) 10the question whether the act is a contravention of Part 3 has been or
could be raised on an appeal which is pending, or could be brought,
under the immigration provisions, or

(b) it has been decided on an appeal under those provisions that the act is
not a contravention of Part 3.

(2) 15The relevant decision is not—

(a) subject to challenge in proceedings on a claim within section 108(1)(a),
or

(b) affected by the decision of a court in such proceedings.

(3) For the purposes of subsection (1)(a) a power to grant permission to appeal out
20of time must be ignored.

(4) Each of the following is an immigration authority—

(a) the Secretary of State;

(b) an immigration officer;

(c) a person responsible for the grant or refusal of entry clearance (within
25the meaning of section 33(1) of the Immigration Act 1971).

(5) The immigration provisions are—

(a) the Special Immigration Appeals Commission Act 1997, or

(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.

(6) A relevant decision is—

(a) 30a decision under the Immigration Acts relating to the entitlement of a
person to enter or remain in the United Kingdom;

(b) a decision on an appeal under the immigration provisions relating to a
decision within paragraph (a).

(7) An appeal is pending if it is pending for the purposes of section 104 of the
35Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the
purposes of that section as it is applied by section 2(2)(j) of the Special
Immigration Appeals Commission Act 1997.

110 Education cases

(1) A claim is within this section if it may be made to—

(a) 40the First-tier Tribunal in accordance with Part 2 of Schedule 17,

(b) the Special Educational Needs Tribunal for Wales in accordance with
Part 2 of that Schedule, or

(c) an Additional Support Needs Tribunal for Scotland in accordance with
Part 3 of that Schedule.

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(2) A claim is also within this section if it must be made in accordance with appeal
arrangements within the meaning of Part 4 of that Schedule.

(3) Schedule 17 (disabled pupils: enforcement) has effect.

111 National security

(1) 5Rules of court may, in relation to proceedings on a claim within section 108,
confer power as mentioned in subsections (2) to (4); but a power so conferred
is exercisable only if the court thinks it expedient to do so in the interests of
national security.

(2) The rules may confer power to exclude from all or part of the proceedings—

(a) 10the claimant or pursuer;

(b) a representative of the claimant or pursuer;

(c) an assessor.

(3) The rules may confer power to permit a claimant, pursuer or representative
who has been excluded to make a statement to the court before the
15commencement of the proceedings, or part of the proceedings, to which the
exclusion relates.

(4) The rules may confer power to take steps to keep secret all or part of the
reasons for the court’s decision.

(5) The Attorney General or, in Scotland, the Advocate General for Scotland may
20appoint a person to represent the interests of a claimant or pursuer in, or in any
part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b)
relates.

(6) A person (P) may be appointed under subsection (5) only if—

(a) in relation to proceedings in England and Wales, P is a person who, for
25the purposes of the Legal Services Act 2007, is an authorised person in
relation to an activity which constitutes the exercise of a right of
audience or the conduct of litigation;

(b) in relation to proceedings in Scotland, P is an advocate or qualified to
practice as a solicitor in Scotland.

(7) 30P is not responsible to the person whose interests P is appointed to represent.

112 Time limits

(1) Proceedings on a claim within section 108 may not be brought after the end
of—

(a) the period of 6 months starting with the date of the act to which the
35claim relates, or

(b) such other period as the county court or sheriff thinks just and
equitable.

(2) If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months”
there were substituted “9 months”.

(3) 40This subsection applies if—

(a) the claim relates to the act of a qualifying institution, and

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(b) a complaint relating to the act is referred under the student complaints
scheme before the end of the period of 6 months starting with the date
of the act.

(4) This subsection applies if—

(a) 5the claim relates to a dispute referred for conciliation in pursuance of
arrangements under section 27 of the Equality Act 2006, and

(b) subsection (3) does not apply.

(5) If it has been decided under the immigration provisions that the act of an
immigration authority in taking a relevant decision is a contravention of Part 3
10(services and public functions), subsection (1) has effect as if for paragraph (a)
there were substituted—

(a) the period of 6 months starting with the day after the expiry of
the period during which, as a result of section 108(2),
proceedings could not be brought in reliance on section
15108(1)(a);.

(6) For the purposes of this section—

(a) conduct extending over a period is to be treated as done at the end of
the period;

(b) failure to do a thing is to be treated as occurring when the person in
20question decided on it.

(7) In the absence of evidence to the contrary, a person (P) is to be taken to decide
on failure to do a thing—

(a) when P does an act inconsistent with doing the thing, or

(b) if P does no inconsistent act, on the expiry of the period in which P
25might reasonably have been expected to do the thing.

(8) In this section—

113 35Remedies

(1) This section applies if a county court or the sheriff finds that there has been a
contravention of a provision referred to in section 108(1).

(2) The county court has power to grant any remedy which could be granted by
the High Court—

(a) 40in proceedings in tort;

(b) on a claim for judicial review.

(3) The sheriff has power to make any order which could be made by the Court of
Session—

(a) in proceedings for reparation;

(b) 45on a petition for judicial review.

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(4) An award of damages may include compensation for injured feelings (whether
or not it includes compensation on any other basis).

(5) In the case of a contravention by virtue of section 18 of a provision referred to
in section 108(1), the county court or sheriff must not make an award of
5damages—

(a) if satisfied that the provision, criterion or practice was not applied with
the intention of discriminating against the claimant or pursuer, or

(b) without considering whether to make any other disposal.

(6) The county court or sheriff must not grant a remedy other than an award of
10damages or the making of a declaration unless satisfied that no criminal matter
would be prejudiced by doing so.

Chapter 3 Employment tribunals

114 Jurisdiction

(1) 15An employment tribunal has, subject to section 115, jurisdiction to determine a
complaint relating to—

(a) a contravention of Part 5 (work);

(b) a contravention of section 102, 105 or 106 that relates to Part 5.

(2) An employment tribunal has jurisdiction to determine an application by a
20responsible person (as defined by section 57) for a declaration as to the rights
of that person and a worker in relation to a dispute about the effect of a non-
discrimination rule.

(3) An employment tribunal also has jurisdiction to determine an application by
the trustees or managers of an occupational pension scheme for a declaration
25as to their rights and those of a member in relation to a dispute about the effect
of a non-discrimination rule.

(4) An employment tribunal also has jurisdiction to determine a question that—

(a) relates to a non-discrimination rule, and

(b) is referred to the tribunal by virtue of section 116.

(5) 30In proceedings before an employment tribunal on a complaint relating to a
breach of a non-discrimination rule, the employer—

(a) is to be treated as a party, and

(b) is accordingly entitled to appear and be heard.

(6) Nothing in this section affects such jurisdiction as the High Court, a county
35court, the Court of Session or the sheriff has in relation to a non-discrimination
rule.

(7) Subsection (1)(a) does not apply to a contravention of section 50 in so far as the
act complained of may, by virtue of an enactment, be subject to an appeal or
proceedings in the nature of an appeal.

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115 Jurisdiction in armed forces cases

(1) Section 114(1) does not apply to a complaint relating to an act done when the
complainant was serving as a member of the armed forces unless—

(a) the complainant has made a service complaint about the matter, and

(b) 5the complaint has not been withdrawn.

(2) If the complaint is made under the service complaint procedures, it is to be
treated for the purposes of subsection (1)(b) as withdrawn if—

(a) neither the officer to whom it is made nor a superior officer refers it to
the Defence Council, and

(b) 10the complainant does not apply for it to be referred to the Defence
Council.

(3) If the complaint is made under the old service redress procedures, it is to be
treated for the purposes of subsection (1)(b) as withdrawn if the complainant
does not submit it to the Defence Council under those procedures.

(4) 15The reference in subsection (3) to the old service redress procedures is a
reference to the procedures (other than those relating to the making of a report
on a complaint to Her Majesty) referred to in—

(a) section 180 of the Army Act 1955,

(b) section 180 of the Air Force Act 1955, or

(c) 20section 130 of the Naval Discipline Act 1957.

(5) The making of a complaint to an employment tribunal in reliance on subsection
(1) does not affect the continuation of the service complaint procedures or (as
the case may be) the old service redress procedures.

116 References by court to tribunal, etc.

(1) 25If it appears to a court in which proceedings are pending that a claim or
counter-claim relating to a non-discrimination rule could more conveniently
be determined by an employment tribunal, the court may strike out the claim
or counter-claim.

(2) If in proceedings before a court a question arises about a non-discrimination
30rule, the court may (whether or not on an application by a party to the
proceedings)—

(a) refer the question, or direct that it be referred by a party to the
proceedings, to an employment tribunal for determination, and

(b) stay or sist the proceedings in the meantime.

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117 Time limits

(1) Proceedings on a complaint within section 114 may not be brought after the
end of—

(a) the period of 3 months starting with the date of the act to which the
5complaint relates, or

(b) such other period as the employment tribunal thinks just and equitable.

(2) Proceedings may not be brought in reliance on section 115(1) after the end of—

(a) the period of 6 months starting with the date of the act to which the
proceedings relate, or

(b) 10such other period as the employment tribunal thinks just and equitable.

(3) For the purposes of this section—

(a) conduct extending over a period is to be treated as done at the end of
the period;

(b) failure to do a thing is to be treated as occurring when the person in
15question decided on it.

(4) In the absence of evidence to the contrary, a person (P) is to be taken to decide
on failure to do a thing—

(a) when P does an act inconsistent with doing the thing, or

(b) if P does no inconsistent act, on the expiry of the period in which P
20might reasonably have been expected to do the thing.

118 Remedies: general

(1) This section applies if an employment tribunal finds that there has been a
contravention of a provision referred to in section 114(1).

(2) The tribunal may—

(a) 25make a declaration as to the rights of the complainant and the
respondent in relation to the matters to which the proceedings relate;

(b) order the respondent to pay compensation to the complainant;

(c) make an appropriate recommendation.

(3) An appropriate recommendation is a recommendation that within a specified
30period the respondent takes specified steps for the purpose of obviating or
reducing the adverse effect of any matter to which the proceedings relate—

(a) on the complainant;

(b) on any other person.

(4) Subsection (5) applies if the tribunal—

(a) 35finds that a contravention is established by virtue of section 18, but

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(b) is satisfied that the provision, criterion or practice was not applied with
the intention of discriminating against the complainant.

(5) It must not make an order under subsection (2)(b) unless it first considers
whether to act under subsection (2)(a) or (c).

(6) 5The amount of compensation which may be awarded under subsection (2)(b)
corresponds to the amount which could be awarded by a county court or the
sheriff under section 113.

(7) If a respondent fails, without reasonable excuse, to comply with an appropriate
recommendation in so far as it relates to the complainant, the tribunal may—

(a) 10if an order was made under subsection (2)(b), increase the amount of
compensation to be paid;

(b) if no such order was made, make one.

119 Remedies: national security

(1) In national security proceedings, an appropriate recommendation (as defined
15by section 118) must not be made in relation to a person other than the
complainant if the recommendation would affect anything done by—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) the Government Communications Headquarters, or

(d) 20a part of the armed forces which is, in accordance with a requirement
of the Secretary of State, assisting the Government Communications
Headquarters.

(2) National security proceedings are—

(a) proceedings to which a direction under section 10(3) of the
25Employment Tribunals Act 1996 (national security) relates;

(b) proceedings to which an order under section 10(4) of that Act relates;

(c) proceedings (or the part of proceedings) to which a direction pursuant
to regulations made under section 10(5) of that Act relates;

(d) proceedings (or the part of proceedings) in relation to which an
30employment tribunal acts pursuant to regulations made under section
10(6) of that Act.

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120 Remedies: occupational pension schemes

(1) This section applies if an employment tribunal finds that there has been a
contravention of a provision referred to in section 114(1) in relation to—

(a) the terms on which persons become members of an occupational
5pension scheme, or

(b) the terms on which members of an occupational pension scheme are
treated.

(2) In addition to anything which may be done by the tribunal under section 118
the tribunal may also by order declare—

(a) 10if the complaint relates to the terms on which persons become members
of a scheme, that the complainant has a right to be admitted to the
scheme;

(b) if the complaint relates to the terms on which members of the scheme
are treated, that the complainant has a right to membership of the
15scheme without discrimination.

(3) The tribunal may not make an order under subsection (2)(b) of section 118
unless—

(a) the compensation is for injured feelings, or

(b) the order is made by virtue of subsection (7) of that section.

(4) 20An order under subsection (2)—

(a) may make provision as to the terms on which or the capacity in which
the claimant is to enjoy the admission or membership;

(b) may have effect in relation to a period before the order is made.

Chapter 4 25Equality of terms

121 Jurisdiction

(1) An employment tribunal has, subject to subsection (6), jurisdiction to
determine a complaint relating to a breach of an equality clause or rule.

(2) The jurisdiction conferred by subsection (1) includes jurisdiction to determine
30a complaint arising out of a breach of an equality clause or rule; and a reference
in this Chapter to a complaint relating to such a breach is to be read
accordingly.

(3) An employment tribunal also has jurisdiction to determine an application by a
responsible person for a declaration as to the rights of that person and a worker
35in relation to a dispute about the effect of an equality clause or rule.

(4) An employment tribunal also has jurisdiction to determine an application by
the trustees or managers of an occupational pension scheme for a declaration
as to their rights and those of a member in relation to a dispute about the effect
of an equality rule.

(5) 40An employment tribunal also has jurisdiction to determine a question that—

(a) relates to an equality clause or rule, and

(b) is referred to the tribunal by virtue of section 122(2).

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(6) This section does not apply to a complaint relating to an act done when the
complainant was serving as a member of the armed forces unless—

(a) the complainant has made a service complaint about the matter, and

(b) the complaint has not been withdrawn.

(7) 5Subsections (2) to (5) of section 115 apply for the purposes of subsection (6) of
this section as they apply for the purposes of subsection (1) of that section.

(8) In proceedings before an employment tribunal on a complaint relating to a
breach of an equality rule, the employer—

(a) is to be treated as a party, and

(b) 10is accordingly entitled to appear and be heard.

(9) Nothing in this section affects such jurisdiction as the High Court, a county
court, the Court of Session or the sheriff has in relation to an equality clause or
rule.

122 References by court to tribunal, etc.

(1) 15If it appears to a court in which proceedings are pending that a claim or
counter-claim relating to an equality clause or rule could more conveniently be
determined by an employment tribunal, the court may strike out the claim or
counter-claim.

(2) If in proceedings before a court a question arises about an equality clause or
20rule, the court may (whether or not on an application by a party to the
proceedings)—

(a) refer the question, or direct that it be referred by a party to the
proceedings, to an employment tribunal for determination, and

(b) stay or sist the proceedings in the meantime.

123 25Time limits

(1) This section applies to—

(a) a complaint relating to a breach of an equality clause or rule, or

(b) an application for a declaration referred to in section 121(3) or (4).

(2) Proceedings on the complaint or application may not be brought in an
30employment tribunal after the end of the qualifying period.

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(3) If the complaint or application relates to terms of work other than terms of
service in the armed forces, the qualifying period is, in a case mentioned in the
first column of the table, the period mentioned in the second column.

Case Qualifying period
A standard case 5The period of 6 months beginning with the last
day of the employment or appointment.
A stable work case (but not if
it is also a concealment or
incapacity case (or both))
The period of 6 months beginning with the day
on which the stable working relationship
ended.
A concealment case (but not if
it is also an incapacity case)
10The period of 6 months beginning with the day
on which the worker discovered (or could with
reasonable diligence have discovered) the
qualifying fact.
An incapacity case (but not if
it is also a concealment case)
The period of 6 months beginning with the day
15on which the worker ceased to have the
incapacity.
A case which is a concealment
and incapacity case.
The period of 6 months beginning with the
later of the days on which the period would
begin if the case were merely a concealment or
20incapacity case.

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