Part 9Enforcement

Chapter 3Employment tribunals

I1124Remedies: 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 effectF3on the complainant of any matter to which the proceedings relate—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Subsection (5) applies if the tribunal—

a

finds that a contravention is established by virtue of section 19 F5or 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 F4the county court or the sheriff under section 119.

7

If a respondent fails, without reasonable excuse, to comply with an appropriate recommendationF1..., 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.