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The Employment Equality (Age) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1031
- PART 5
- Regulation 39
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Changes and effects yet to be applied to Regulation 39:
- Regulations revoked (except Schs. 6, 8) by 2010 c. 15 Sch. 27 Pt. 2 (Regulations revoked except Schs. 6, 8)
Commencement Orders yet to be applied to the The Employment Equality (Age) Regulations 2006
Commencement Orders bringing legislation that affects this Instrument into force:
- S.I. 2010/2317 art. 2(15)(f) commences (2010 c. 15)
- S.I. 2011/1066 art. 2(h) commences (2010 c. 15)
Jurisdiction of county and sheriff courtsE+W+S
This section has no associated Explanatory Memorandum
39.—(1) A claim by any person (“the claimant”) that another person (“the respondent”)—
(a)has committed against the claimant an act to which this regulation applies; or
(b)is by virtue of regulation 25 (liability of employers and principals) or 26 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
(2) Proceedings brought under paragraph (1) shall—
(a)in England and Wales, be brought only in a county court; and
(b)in Scotland, be brought only in a sheriff court.
(3) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
(4) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of—
(a)regulation 23 (institutions of further and higher education); or
(b)where the act arises out of and is closely connected to a relationship between the claimant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the claimant by the respondent would have been unlawful by virtue of regulation 23, regulation 24 (relationships which have come to an end).
(5) In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before [F1the date on which the act of discrimination or harassment became unlawful by virtue of these Regulations], reference to an act of discrimination or harassment which would, after [F2that date], have been unlawful.
Textual Amendments
F1Words in reg. 39(5) substituted (30.9.2006) by The Employment Equality (Age) (Amendment) Regulations 2006 (S.I. 2006/2408), regs. 1, 2(4)(a)
F2Words in reg. 39(5) substituted (30.9.2006) by The Employment Equality (Age) (Amendment) Regulations 2006 (S.I. 2006/2408), regs. 1, 2(4)(b)
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