Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 9 — Enforcement
Chapter 3 — Employment tribunals
79

124
Remedies: general
(1)
This section applies if an employment tribunal finds that there has been a
contravention of a provision referred to in section 120(1).
(2)
The tribunal may—
(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—
(a)
on the complainant;
(b)
on any other person.
(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
compensation to be paid;
(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
Headquarters.
(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;

Equality Bill
Part 9 — Enforcement
Chapter 4 — Equality of terms
80

(d)
proceedings (or the part of proceedings) in relation to which an
employment tribunal acts pursuant to regulations made under section
10(6) of that Act.
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
pension scheme, or
(b)
the terms on which members of an occupational pension scheme are
treated.
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
scheme;
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
unless—
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.
Chapter 4
Equality of terms
127
Jurisdiction
(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
accordingly.
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
of an equality rule.

Equality Bill
Part 9 — Enforcement
Chapter 4 — Equality of terms
81

(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
rule.
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
counter-claim.
(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
proceedings)—
(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.
129
Time limits
(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.

Case
Qualifying period

A standard case
The period of 6 months beginning with the last

day of the employment or appointment.

Equality Bill
Part 9 — Enforcement
Chapter 4 — Equality of terms
82

Case
Qualifying period

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))
ended.

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

qualifying fact.

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

incapacity.

A case which is a concealment
The period of 6 months beginning with the

and incapacity case.
later of the days on which the period would

begin if the case were merely a concealment or

incapacity case.

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.

Case
Qualifying period

A standard case
The period of 9 months beginning with the last

20

day of the period of service during which the

complaint arose.

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

qualifying fact.

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

incapacity.

A case which is a concealment
The period of 9 months beginning with the

30

and incapacity case.
later of the days on which the period would

begin if the case were merely a concealment or

incapacity case.

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—
(a)
a stable work case,
(b)
a concealment case,
(c)
an incapacity case, or
(d)
a concealment case and an incapacity case.
40

Equality Bill
Part 9 — Enforcement
Chapter 4 — Equality of terms
83

(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
where—
5
(a)
the responsible person deliberately concealed a qualifying fact from the
worker, and
(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
where—
(a)
the employer or the trustees or managers of the occupational pension
scheme in question deliberately concealed a qualifying fact from the
member, and
(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
later of—
(a)
the relevant day, or
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,
or
(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—
(a)
the relevant day, or
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
scheme.
(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.