Sex Discrimination Act 1975 (repealed)

Enforcement in employment field E+W+S

63 Jurisdiction of [F1 employment tribunals]. E+W+S

(1) A complaint by any person (“the complainant”) that another person (“the respondent”)—

(a) has committed an act of discrimination [F2 or harassment] against the complainant which is unlawful by virtue of Part II [F3 or section 35A or 35B] , or

(b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F2 or harassment] against the complainant,

may be presented to an [F4 employment tribunal].

(2) Subsection (1) does not apply to a complaint under section 13(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

Textual Amendments

F1 Words in s. 63 heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

F2 Words in s. 63(1) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 28(2)

F3 Words in s. 63(1)(a) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 28(3) (with reg. 2(1))

F4 Words in s. 63(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

[F5 63A Burden of proof: employment tribunals E+W+S

(1) This section applies to any complaint presented under section 63 to an employment tribunal.

(2) Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent—

(a) has committed an act of discrimination [F6 or harassment] against the complainant which is unlawful by virtue of Part 2 [F7 or section 35A or 35B] , or

(b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F6 or harassment] against the complainant,

the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or, as the case may be, is not to be treated as having committed, that act.

Textual Amendments

F5 S. 63A inserted (12.10.2001) by S.I. 2001/2660, reg. 5

F6 Words in s. 63A(2) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 29(2)

F7 Words in s. 63A(2)(a) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 29(3)

F8 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F5 S. 63A inserted (12.10.2001) by S.I. 2001/2660, reg. 5

F8 S. 64 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

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

(1) Where an [F9 employment 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) makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and

(b) (where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.]

(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.

[F10 (1A) In applying section 66 for the purposes of subsection (1)(b), no account shall be taken of subsection (3) of that section.

(1B) As respects an unlawful act of discrimination falling within [F11 section 1(2)(b)] or section 3(1)(b), if the respondent proves that the [F12 provision, criterion or practice] in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex [F13 or (as the case may be) fulfilment of the condition in section 3(2)], an order may be made under subsection (1)(b) only if the [F9 employment tribunal]—

(a) makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and

(b) (where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.]

F14 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an [F9 employment tribunal] under subsection (1)(c), then, if they think it just and equitable to do so—

(a) the tribunal may F15 . . .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) [F16 was not made], the tribunal may make such an order.

Textual Amendments

F5 S. 63A inserted (12.10.2001) by S.I. 2001/2660, reg. 5

F9 Words in s. 65(1)(1B)(3)(b) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

F10 S. 65(1A)(1B) inserted (25.3.1996) by S.I. 1996/438, reg. 2(2)

F11 Words in s. 65(1B) substituted (12.10.2001) by S.I. 2001/2660, reg. 8(3)(a)

F12 Words in s. 65(1B) substituted (12.10.2001) by S.I. 2001/2660, reg. 8(3)(b)

F13 Words in s. 65(1B) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 251(5), 263; S.I. 2005/3175, art. 2, Sch. 1

F14 S. 65(2) repealed (22.11.1993) by S.I. 1993/2798, reg. 2

F15 Words inserted by Race Relations Act 1976 c. 74, Sch. 4, para. 4 and repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch. para. 1

F16 Words in s. 65(3)(b) substituted (25.3.1996) by S.I. 1996/438, reg. 2(3)

Modifications etc. (not altering text)

C1 S. 65 amended by Employment Protection (Consolidation) Act 1978 (c. 44), s. 76