(1)A complaint by any person (“the complainant") that another person (“the respondent")—
(a)has committed an act of discrimination against the complainant which is unlawful by virtue of Part II; or
(b)is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the complainant,
may be presented to an [F2employment tribunal].
(2)Subsection (1) does not apply to a complaint under section 12(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment, or to a complaint to which section 75(8) applies.
Textual Amendments
F1Words in s. 54 sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2Words in s. 54(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Valid from 19/07/2003
(1)This section applies where a complaint is presented under section 54 and the complaint is that the respondent—
(a)has committed an act of discrimination, on grounds of race or ethnic or national origins, which is unlawful by virtue of any provision referred to in section 1(1B)(a), (e) or (f), or Part IV in its application to those provisions, or
(b)has committed an act of harassment.
(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 such an act of discrimination or harassment against the complainant, or
(b)is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination 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
F3S. 55 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and subject to an amendment (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
(1)Where an [F4employment tribunal] finds that a complaint presented to it under section 54 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 57;
(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.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an [F4employment tribunal] under subsection (1)(c), then, if it thinks it just and equitable to do so—
(a)the tribunal may F7. . . 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.
[F8(5)The Secretary of State may by regulations make provision—
(a)for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (1)(b), to include in the award interest on that amount; and
(b)specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined;
and the regulations may contain such incidental and supplementary provisions as the Secretary of State considers appropriate.
(6)The Secretary of State may by regulations modify the operation of any order made under [F9section 14 of the [F10Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F4employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (1)(b).]
Textual Amendments
F4Words in s. 56(1)(4)(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F6S. 56(3) repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch. para. 1
F7Words in s. 56(4) repealed (3.7.1994) by 1994 c. 10, ss. 3(2)(3), Sch.
F8S. 56(5)(6) inserted (3.7.1994) by 1994 c. 10, ss. 2(1), 3(3)
F10Words in s. 56(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 56 amended by Employment Protection (Consolidation) Act 1978 (c. 44), s. 76.