Search Legislation

Sex Discrimination Act 1975

Status:

This is the original version (as it was originally enacted).

66Claims under Part III

(1)A claim by any person (" the claimant") that another person (" the respondent ")—

(a)has committed an act of discrimination against the claimant which is unlawful by virtue of Part III, or

(b)is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination against the claimant, may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2)Proceedings under subsection (1)—

(a)shall be brought in England and Wales only in a county court, and

(b)shall be brought in Scotland only in a sheriff court,

but all such remedies shall be obtainable in such proceedings as, apart from this subsection, would be obtainable in the High Court or the Court of Session, as the case may be.

(3)As respects an unlawful act of discrimination falling within section 1(1)(b) (or, where this section is applied by section 65(1)(b), section 3(1)(b)) no award of damages shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on the ground of his sex or marital status as the case may be.

(4)For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act of discrimination may include compensation for injury to feelings whether or not they include compensation under any other head.

(5)Civil proceedings in respect of a claim by any person that he has been discriminated against in contravention of section 22 or 23 by a body to which section 25(1) applies shall not be instituted unless the claimant has given notice of the claim to the Secretary of State and either the Secretary of State has by notice informed the claimant that the Secretary of State does not require further time to consider the matter, or the period of two months has elapsed since the claimant gave notice to the Secretary of State; but nothing in this subsection applies to a counterclaim.

(6)For the purposes of proceedings under subsection (1)—

(a)section 91(1) (power of judge to appoint assessors) of the County Courts Act 1959 shall apply with the omission of the words " on the application of any party ", and

(b)the remuneration of assessors appointed under the said section 91(1) shall be at such rate as may be determined by the Lord Chancellor with the approval of the Minister for the Civil Service.

(7)For the purpose of proceedings before the sheriff, provision may be made by act of sederunt for the appointment of assessors by him, and the remuneration of any assessors so appointed shall be at such rate as the Lord President of the Court of Session with the approval of the Minister for the Civil Service may determine.

(8)A county court or sheriff court shall have jurisdiction to entertain proceedings under subsection (1) with respect to an act done on a ship, aircraft or hovercraft outside its district, including such an act done outside Great Britain.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources