Disability Discrimination Act 1995

Yn ddilys o 01/12/2003

4J Occupational pension schemes: remedies E+W+S

 

(1) This section applies where—

(a) under section 17A a relevant disabled person presents to an employment tribunal a complaint that—

(i) the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part; or

(ii) an employer has so acted in relation to him;

(b) the complaint relates to—

(i) the terms on which persons become members of an occupational pension scheme, or

(ii) the terms on which members of the scheme are treated;

(c) the disabled person is not a pensioner member of the scheme; and

(d) the tribunal finds that the complaint is well-founded.

(2) The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right—

(a) (where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or

(b) (where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.

(3) A declaration under subsection (2)—

(a) may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into force of this section);

(b) may make such provision as the tribunal considers appropriate as to the terms upon which, or the capacity in which, the disabled person is to enjoy such admission or membership.

(4) The tribunal may not award the disabled person any compensation under section 17A(2)(b) (whether in relation to arrears of benefits or otherwise) other than—

(a) compensation for injury to feelings;

(b) compensation pursuant to section 17A(5).

Extent Information

E1 This version of this provision extended to England, Wales and Scotland only; a separate version exists for Northern Ireland only .

Modifications etc. (not altering text)

C1 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}