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Part VII E+W+S Enforcement

Enforcement in employment fieldE+W+S

65 Remedies on complaint under section 63. E+W+S

(1)Where an industrial tribunal finds that a complaint presented to it under section 63 is well-founded the tribunal shall make such of the following as it considers just and equitable—

(a)an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;

(b)an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under section 66;

(c)a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates.

(2)The amount of compensation awarded to a person under subsection (1)(b) shall not exceed the [F1limit for the time being imposed by section 75 of the M1Employment Protection (Consolidation) Act 1978].

(3)If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an industrial tribunal under subsection (1)(c), then, if they think it just and equitable to do so—

(a)the tribunal may [F2(subject to the limit in subsection 2)]increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b), or

(b)if an order under subsection (1)(b) could have been made but was not, the tribunal may make such an order.