Part VIIIE+W+S Enforcement

Non-discrimination noticesE+W+S

59 Appeal against non-discrimination notice.E+W+S

(1)Not later than six weeks after a non-discrimination notice is served on any person he may appeal against any requirement of the notice—

(a)to an [F1employment tribunal], so far as the requirement relates to acts which are within the jurisdiction of the tribunal;

(b)to a designated county court or a sheriff court, so far as the requirement relates to acts which are within the jurisdiction of the court [F2(ignoring section 57A)] and are not within the jurisdiction of an [F1employment tribunal].

(2)Where the tribunal or court considers a requirement in respect of which an appeal is brought under subsection (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the tribunal or court shall quash the requirement.

(3)On quashing a requirement under subsection (2) the tribunal or court may direct that the non-discrimination notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.

(4)Subsection (1) does not apply to a requirement treated as included in a non-discrimination notice by virtue of a direction under subsection (3).

Textual Amendments

F1Words in s. 59(1)(a)(b) 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