|
| |
|
| |
(1) | This section applies if an employment tribunal finds that there has been a |
| |
contravention of a provision referred to in section 120(1). |
| |
| |
(a) | make a declaration as to the rights of the complainant and the |
| 5 |
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 |
| |
period the respondent takes specified steps for the purpose of obviating or |
| 10 |
reducing the adverse effect of any matter to which the proceedings relate— |
| |
| |
| |
(4) | Subsection (5) applies if the tribunal— |
| |
(a) | finds that a contravention is established by virtue of section 19, but |
| 15 |
(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) | The amount of compensation which may be awarded under subsection (2)(b) |
| 20 |
corresponds to the amount which could be awarded by a county court or the |
| |
sheriff under section 119. |
| |
(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) | if an order was made under subsection (2)(b), increase the amount of |
| 25 |
| |
(b) | if no such order was made, make one. |
| |
125 | Remedies: national security |
| |
(1) | In national security proceedings, an appropriate recommendation (as defined |
| |
by section 124) must not be made in relation to a person other than the |
| 30 |
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) | a part of the armed forces which is, in accordance with a requirement |
| 35 |
of the Secretary of State, assisting the Government Communications |
| |
| |
(2) | National security proceedings are— |
| |
(a) | proceedings to which a direction under section 10(3) of the |
| |
Employment Tribunals Act 1996 (national security) relates; |
| 40 |
(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 |
| |
employment tribunal acts pursuant to regulations made under section |
| |
| |
126 | Remedies: occupational pension schemes |
| |
(1) | This section applies if an employment tribunal finds that there has been a |
| 5 |
contravention of a provision referred to in section 120(1) in relation to— |
| |
(a) | the terms on which persons become members of an occupational |
| |
| |
(b) | the terms on which members of an occupational pension scheme are |
| |
| 10 |
(2) | In addition to anything which may be done by the tribunal under section 124 |
| |
the tribunal may also by order declare— |
| |
(a) | if 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 |
| |
| 15 |
(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 |
| |
scheme without discrimination. |
| |
(3) | The tribunal may not make an order under subsection (2)(b) of section 124 |
| |
| 20 |
(a) | the compensation is for injured feelings, or |
| |
(b) | the order is made by virtue of subsection (7) of that section. |
| |
(4) | An 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; |
| 25 |
(b) | may have effect in relation to a period before the order is made. |
| |
| |
| |
| |
(1) | An employment tribunal has, subject to subsection (6), jurisdiction to |
| 30 |
determine a complaint relating to a breach of an equality clause or rule. |
| |
(2) | The jurisdiction conferred by subsection (1) includes jurisdiction to determine |
| |
a 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 |
| |
| 35 |
(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 |
| |
in 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 |
| 40 |
as to their rights and those of a member in relation to a dispute about the effect |
| |
| |
|
| |
|
| |
|
(5) | An 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 128(2). |
| |
(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— |
| 5 |
(a) | the complainant has made a service complaint about the matter, and |
| |
(b) | the complaint has not been withdrawn. |
| |
(7) | Subsections (2) to (5) of section 121 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 |
| 10 |
breach of an equality rule, the employer— |
| |
(a) | is to be treated as a party, and |
| |
(b) | is 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 |
| 15 |
| |
128 | References by court to tribunal, etc. |
| |
(1) | If 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 |
| 20 |
| |
(2) | If in proceedings before a court a question arises about an equality clause or |
| |
rule, the court may (whether or not on an application by a party to the |
| |
| |
(a) | refer the question, or direct that it be referred by a party to the |
| 25 |
proceedings, to an employment tribunal for determination, and |
| |
(b) | stay or sist the proceedings in the meantime. |
| |
| |
(1) | This section applies to— |
| |
(a) | a complaint relating to a breach of an equality clause or rule, or |
| 30 |
(b) | an application for a declaration referred to in section 127(3) or (4). |
| |
(2) | Proceedings on the complaint or application may not be brought in an |
| |
employment tribunal after the end of the qualifying period. |
| |
(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 |
| 35 |
first column of the table, the period mentioned in the second column. |
| |
| | | | | | | The period of 6 months beginning with the last |
| | | | | day of the employment or appointment. |
| | |
|
|
| |
|
| |
|
| | | | | | A stable work case (but not if |
| The period of 6 months beginning with the day |
| | | | it is also a concealment or |
| on which the stable working relationship |
| | | | incapacity case (or both)) |
| | | | | A concealment case (but not if |
| The period of 6 months beginning with the day |
| | 5 | | it is also an incapacity case) |
| on which the worker discovered (or could with |
| | | | | reasonable diligence have discovered) the |
| | | | | | | | | An incapacity case (but not if |
| The period of 6 months beginning with the day |
| | | | it is also a concealment case) |
| on which the worker ceased to have the |
| | 10 | | | | | | | A case which is a concealment |
| 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 |
| | | | | | | 15 |
|
|
(4) | If the complaint or application relates to 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. |
| |
| | | | | | | The period of 9 months beginning with the last |
| | 20 | | | day of the period of service during which the |
| | | | | | | | | A concealment case (but not if |
| The period of 9 months beginning with the day |
| | | | it is also an incapacity case) |
| on which the worker discovered (or could with |
| | | | | reasonable diligence have discovered) the |
| | 25 | | | | | | | An incapacity case (but not if |
| The period of 9 months beginning with the day |
| | | | it is also a concealment case) |
| on which the worker ceased to have the |
| | | | | | | | | A case which is a concealment |
| The period of 9 months beginning with the |
| | 30 | | | later of the days on which the period would |
| | | | | begin if the case were merely a concealment or |
| | | | | | | |
|
130 | Section 129: supplementary |
| |
(1) | This section applies for the purposes of section 129. |
| 35 |
(2) | A standard case is a case which is not— |
| |
| |
| |
(c) | an incapacity case, or |
| |
(d) | a concealment case and an incapacity case. |
| 40 |
|
| |
|
| |
|
(3) | A stable work case is a case where the proceedings relate to a period during |
| |
which there was a stable working relationship between the worker and the |
| |
responsible person (including any time after the terms of work had expired). |
| |
(4) | A concealment case in proceedings relating to an equality clause is a case |
| |
| 5 |
(a) | the responsible person deliberately concealed a qualifying fact from the |
| |
| |
(b) | the worker did not discover (or could not with reasonable diligence |
| |
have discovered) the qualifying fact until after the relevant day. |
| |
(5) | A concealment case in proceedings relating to an equality rule is a case |
| 10 |
| |
(a) | the employer or the trustees or managers of the occupational pension |
| |
scheme in question deliberately concealed a qualifying fact from the |
| |
| |
(b) | the member did not discover (or could not with reasonable diligence |
| 15 |
have discovered) the qualifying fact until after the relevant day. |
| |
(6) | A qualifying fact for the purposes of subsection (4) or (5) is a fact— |
| |
(a) | which is relevant to the complaint, and |
| |
(b) | without knowledge of which the worker or member could not |
| |
reasonably have been expected to bring the proceedings. |
| 20 |
(7) | An incapacity case in proceedings relating to an equality clause with respect to |
| |
terms of work other than terms of service in the armed forces is a case where |
| |
the worker had an incapacity during the period of 6 months beginning with the |
| |
| |
| 25 |
(b) | the day on which the worker discovered (or could with reasonable |
| |
diligence have discovered) the qualifying fact deliberately concealed |
| |
from the worker by the responsible person. |
| |
(8) | An incapacity case in proceedings relating to an equality clause with respect to |
| |
terms of service in the armed forces is a case where the worker had an |
| 30 |
incapacity during the period of 9 months beginning with the later of— |
| |
(a) | the last day of the period of service during which the complaint arose, |
| |
| |
(b) | the day on which the worker discovered (or could with reasonable |
| |
diligence have discovered) the qualifying fact deliberately concealed |
| 35 |
from the worker by the responsible person. |
| |
(9) | An incapacity case in proceedings relating to an equality rule is a case where |
| |
the member of the occupational pension scheme in question had an incapacity |
| |
during the period of 6 months beginning with the later of— |
| |
| 40 |
(b) | the day on which the member discovered (or could with reasonable |
| |
diligence have discovered) the qualifying fact deliberately concealed |
| |
from the member by the employer or the trustees or managers of the |
| |
| |
(10) | The relevant day for the purposes of this section is— |
| 45 |
(a) | the last day of the employment or appointment, or |
| |
(b) | the day on which the stable working relationship between the worker |
| |
and the responsible person ended. |
| |
|
| |
|