Part II Employment
F8Enforcement etc.
F9E1I117A Enforcement, remedies and procedure.
1
A complaint by any person that another person—
a
has discriminated against him F10, or subjected him to harassment, in a way which is unlawful under this Part, or
b
is, by virtue of section 57 or 58, to be treated as having F11done so,
may be presented to an F12employment tribunal.
F131A
Subsection (1) does not apply to a complaint under section 14A(1) or (2) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.
1B
In subsection (1A), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
1C
Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.
2
Where an F14employment tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
a
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
b
ordering the respondent to pay compensation to the complainant;
c
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
3
Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.
4
For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
5
If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an F15employment tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
a
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
b
make an order under subsection (2)(b).
6
Regulations may make provision—
a
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
b
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
7
Regulations may modify the operation of any order made under F16section 14 of F17the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of F18employment tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
8
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
F1E2I117A Enforcement, remedies and procedure.
1
A complaint by any person that another person—
a
has discriminated against him F2, or subjected him to harassment, in a way which is unlawful under this Part, or
b
is, by virtue of section 57 or 58, to be treated as having F3done so,
may be presented to an industrial tribunal.
F41A
Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.
1B
Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.
2
Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
a
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
b
ordering the respondent to pay compensation to the complainant;
c
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
F53
Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty.
4
For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
5
If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
a
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
b
make an order under subsection (2)(b).
6
Regulations may make provision—
a
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
b
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
F67
Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F7 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
8
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
Cross-heading preceding s. 8 moved (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(1)