The Employment Relations Act 1999 (Blacklists) Regulations 2010

Awards against third parties in tribunal proceedings

15.—(1) If in proceedings on a complaint under regulation 5, 6 or 9, or under Part 10 of the Employment Rights Act 1996 as it applies by virtue of these regulations, either the respondent or complainant claims that another person contravened regulation 3 in respect of the prohibited list to which the complaint relates, the complainant or respondent may request the tribunal to direct that other person be joined or sisted as a party to the proceedings.

(2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made if it is made after the tribunal has made a decision as to whether the complaint is well-founded.

(3) Where a person has been so joined or sisted as a party to the proceedings and the tribunal-

(a) finds that the complaint is well-founded,

(b) awards compensation, and

(c) finds the claim in paragraph (1) is well-founded,

the tribunal shall make a declaration to that effect and may award such of the remedies mentioned in paragraph (4) as it considers just and equitable.

(4) The remedies the tribunal may award are—

(a) an order that compensation shall be paid by the person joined (or sisted) instead of by the respondent, or partly by that person and partly by the respondent;

(b) a recommendation that within a specified period the person joined (or sisted) takes action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any conduct to which the complaint relates.

(5) If the person joined (or sisted) fails without reasonable justification to comply with a recommendation to take action, the tribunal may increase its award of compensation or, if it has not made such an award, make one.

(6) Where by virtue of regulation 14 (complaint against employer and employment agency) there is more than one respondent, the above provisions apply to either or both of them.