Part VIIIE+W+S Enforcement

Other enforcement by CommissionE+W+S

64 Preliminary action in employment cases.E+W+S

(1)With a view to making an application under section 62(1) or 63(4) in relation to a person the Commission may present to an an [F1employment tribunal] a complaint that he has done an act within the jurisdiction of an [F1employment tribunal], and if the tribunal considers that the complaint is well-founded it shall make a finding to that effect and, if it thinks it just and equitable to do so in the case of an act contravening any provision of Part II may also (as if the complaint had been presented by the person discriminated against) make an order such as is referred to in section 56(1)(a), or a recommendation such as is referred to in section 56(1)(c), or both.

(2)Subsection (1) is without prejudice to the jurisdiction conferred by section 63(2).

(3)In sections 62 and 63 and this section, the acts “within the jurisdiction of an [F1employment tribunal]” are those in respect of which such jurisdiction is conferred by sections 54 and 63.

Textual Amendments

F1Words in s. 64(1)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1