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Changes over time for: Section 73
Llinell Amser Newidiadau
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Version Superseded: 01/10/2007
Status:
Point in time view as at 01/10/2005. This version of this provision has been superseded.
Status
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Changes to legislation:
There are currently no known outstanding effects for the Sex Discrimination Act 1975 (repealed), Section 73.
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73 Preliminary action in employment cases.E+W+S
(1)With a view to making an application under section 71(1) or 72(4) in relation to a person the Commission may present to an [employment tribunal] a complaint that he has done an act within the jurisdiction of an [employment tribunal], and if the tribunal considers that the complaint is well-founded they shall make a finding to that effect and, if they think it just and equitable to do so in the case of an act contravening any provision of Part II may also (as if the complaint had been presented by the person discriminated against) make an order such as is referred to in section 65(1)(a), or a recommendation such as is referred to in section 65(1)(c), or both.
(2)Subsection (1) is without prejudice to the jurisdiction conferred by section 72(2).
(3)Any finding of an [employment tribunal] under—
(a)this Act, or
(b)the Equal Pay Act 1970,
in respect of any act shall, if it has become final, be treated as conclusive—
(i)by the county court or sheriff court on an application under section 71(1) or 72(4) or in proceedings on an equality clause,
(ii)by an [employment tribunal] on a complaint made by the person affected by the act under section 63 or in relation to an equality clause.
(4)In sections 71 and 72 and this section, the acts “within the jurisdiction of an [employment tribunal]” are those in respect of which such jurisdiction is conferred by sections 63 and 72 and by section 2 of the Equal Pay Act 1970.
Textual Amendments
Marginal Citations
Yn ôl i’r brig