Race Relations Act 1976

Section 79.

SCHEDULE 3 Minor and Consequential Amendments

1 (1) The [1975 c. 71.] Employment Protection Act 1975 shall be amended as follows.

(2) In section 72(3) of that Act (descriptions of dismissal in respect of which there may be a higher additional award of compensation), for paragraph (b) substitute—

“(b) a dismissal which is an act of discrimination (within the meaning of the Race Relations Act 1976) which is unlawful by virtue of that Act;”.

(3) For section 77 of that Act (compensation for act which is both sex discrimination and unfair dismissal) substitute—

“77 Compensation for act which is both sex or racial discrimination (or both) and unfair dismissal.

(1) Where compensation falls to be awarded in respect of any act both under the provisions of this Act relating to unfair dismissal and under one or both of the following Acts, namely the Sex Discrimination Act 1975 and the Race Relations Act 1976, an industrial tribunal shall not award compensation under any one of those two or, as the case may be, three Acts in respect of any loss or other matter which is or has been taken into account under the other or any other of them by the tribunal or another industrial tribunal in awarding compensation on the same or another complaint in respect of that act.

(2) Without prejudice to paragraph 20 of Schedule 1 to the 1974 Act (limit on compensation), whether as substituted by Part III of Schedule 16 to this Act or as applied by section 65 of the Sex Discrimination Act 1975 or section 56 of the Race Relations Act 1976, in a case to which subsection (1) above applies the aggregate of the following amounts of compensation awarded by an industrial tribunal, that is to say—

(a) any compensation awarded under the said Act of 1975 ; and

(b) any compensation awarded under the said Act of 1976 ; and

(c) any compensation awarded under section 72(1) above or, as the case may be, which is calculated in accordance with section 76 above,

shall not exceed the limit for the time being imposed by the said paragraph 20.”.

(4) In section 88(1) of that Act (appeals from industrial tribunals to Employment Appeal Tribunal), after paragraph (f) add—

“(g) the Race Relations Act 1976.”.

(5) In section 122(2) of that Act (application of employment legislation to House of Commons staff), for the words from the beginning to " Sex Discrimination Act 1975 " substitute—

“(2) The provisions of the following enactments, that is to say—

(a) section 1 of the Equal Pay Act 1970 ; and

(b) Parts II and IV of the Sex Discrimination Act 1975 ; and

(c) Parts II and IV of the Race Relations Act 1976.”.