Part 1

The Commission for Equality and Human Rights

Enforcement powers

Unlawful act notice
21
1
The Commission may give a person a notice under this section (an “unlawful act notice”) if—
a
he is or has been the subject of an investigation under section 20(1)(a), and
b
the Commission is satisfied that he has committed an unlawful act.
2
A notice must specify—
a
the unlawful act, and
b
the provision of the equality enactments by virtue of which the act is unlawful.
3
A notice must inform the recipient of the effect of—
a
subsections (5) to (7),
b
section 20(1)(b), and
c
section 24(1).
4
A notice may—
a
require the person to whom the notice is given to prepare an action plan for the purpose of avoiding repetition or continuation of the unlawful act;
b
recommend action to be taken by the person for that purpose.
5
A person who is given a notice may, within the period of six weeks beginning with the day on which the notice is given, appeal to the appropriate court or tribunal on the grounds—
a
that he has not committed the unlawful act specified in the notice, or
b
that a requirement for the preparation of an action plan imposed under subsection (4)(a) is unreasonable.
6
On an appeal under subsection (5) the court or tribunal may—
a
affirm a notice;
b
annul a notice;
c
vary a notice;
d
affirm a requirement;
e
annul a requirement;
f
vary a requirement;
g
make an order for costs or expenses.
7
In subsection (5) “the appropriate court or tribunal” means—
a
an employment tribunal, if a claim in respect of the alleged unlawful act could be made to it, or
b
a county court (in England and Wales) or the sheriff (in Scotland), if a claim in respect of the alleged unlawful act could be made to it or to him.