Part 9Enforcement
Chapter 3Employment tribunals
I1120Jurisdiction
1
An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—
a
a contravention of Part 5 (work);
b
a contravention of section 108, 111 or 112 that relates to Part 5.
2
An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.
3
An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.
4
An employment tribunal also has jurisdiction to determine a question that—
a
relates to a non-discrimination rule, and
b
is referred to the tribunal by virtue of section 122.
5
In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—
a
is to be treated as a party, and
b
is accordingly entitled to appear and be heard.
6
Nothing in this section affects such jurisdiction as the High Court, F4the county court, the Court of Session or the sheriff has in relation to a non-discrimination rule.
7
Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.
8
In subsection (1), the references to Part 5 do not include a reference to section 60(1) F17or 60A(1).
I2121Armed forces cases
1
Section 120(1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—
a
the complainant has made a service complaint about the matter, and
b
the complaint has not been withdrawn.
F102
Where the complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if—
a
the period allowed in accordance with service complaints regulations for bringing an appeal against the person's or panel's decision expires, F15...
F16aa
there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and
b
either—
i
the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section F14340D(6)(a) of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or
ii
the complainant does apply for such a review and the Ombudsman decides that an appeal against the person's or panel's decision cannot be proceeded with.
F93
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F94
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5
The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of F5 the procedures set out in service complaints regulations.
F76
In this section—
“the 2006 Act” means the Armed Forces Act 2006;
“service complaints regulations” means regulations made under section 340B(1) of the 2006 Act.
I3122References 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 a non-discrimination rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.
2
If in proceedings before a court a question arises about a non-discrimination 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 proceedings, to an employment tribunal for determination, and
b
stay or sist the proceedings in the meantime.
I4123Time limits
1
F1Subject to F11F13section 140B proceedings on a complaint within section 120 may not be brought after the end of—
a
the period of 3 months starting with the date of the act to which the complaint relates, or
b
such other period as the employment tribunal thinks just and equitable.
2
Proceedings may not be brought in reliance on section 121(1) after the end of—
a
the period of 6 months starting with the date of the act to which the proceedings relate, or
b
such other period as the employment tribunal thinks just and equitable.
3
For the purposes of this section—
a
conduct extending over a period is to be treated as done at the end of the period;
b
failure to do something is to be treated as occurring when the person in question decided on it.
4
In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—
a
when P does an act inconsistent with doing it, or
b
if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.
I5124Remedies: 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 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 reducing the adverse effectF8on the complainant of any matter to which the proceedings relate—
F6a
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F6b
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4
Subsection (5) applies if the tribunal—
a
finds that a contravention is established by virtue of section 19 F18or 19A, but
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) corresponds to the amount which could be awarded by F12the county court or the sheriff under section 119.
7
If a respondent fails, without reasonable excuse, to comply with an appropriate recommendationF2..., the tribunal may—
a
if an order was made under subsection (2)(b), increase the amount of compensation to be paid;
b
if no such order was made, make one.
F3I6125Remedies: national security
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I7126Remedies: occupational pension schemes
1
This section applies if an employment tribunal finds that there has been a 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.
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;
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—
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;
b
may have effect in relation to a period before the order is made.