Section 124 Remedies: generalI1

England, Wales and Scotland

(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 effectF1on the complainant of any matter to which the proceedings relate—

(a)

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

(b)

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

(4)

Subsection (5) applies if the tribunal—

(a)

finds that a contravention is established by virtue of section 19 F3or 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 recommendationF5..., 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.

Annotations

Textual amendments

F1: Words in s. 124(3) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 2(1)(a), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)
F2: S. 124(3)(a)(b) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 2(1)(b), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)
F3: Words in s. 124(4)(a) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 3(6)
F4: Words in s. 124(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Words in s. 124(7) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 2(2)(a), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)

Commencement

I1: S. 124 wholly in force; s. 124 not in force at Royal Assent see s. 216; s. 124 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)