(1)Where an [F1employment 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.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an [F1employment tribunal] under subsection (1)(c), then, if it thinks it just and equitable to do so—
(a)the tribunal may F4. . . 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.
[F5(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 [F6section 14 of the [F7Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F1employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (1)(b).]
Textual Amendments
F1Words 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
F3S. 56(3) repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch. para. 1
F4Words in s. 56(4) repealed (3.7.1994) by 1994 c. 10, ss. 3(2)(3), Sch.
F5S. 56(5)(6) inserted (3.7.1994) by 1994 c. 10, ss. 2(1), 3(3)
F7Words 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.