Equality Act 2010

Part 9 E+W+S Enforcement

Chapter 1 E+W+S Introductory

113 Proceedings E+W+S

(1) Proceedings relating to a contravention of this Act must be brought in accordance with this Part.

(2) Subsection (1) does not apply to proceedings under Part 1 of the Equality Act 2006.

(3) Subsection (1) does not prevent—

(a) a claim for judicial review;

(b) proceedings under the Immigration Acts;

(c) proceedings under the Special Immigration Appeals Commission Act 1997;

(d) in Scotland, an application to the supervisory jurisdiction of the Court of Session.

(4) This section is subject to any express provision of this Act conferring jurisdiction on a court or tribunal.

(5) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(6) Chapters 2 and 3 do not apply to proceedings relating to an equality clause or rule except in so far as Chapter 4 provides for that.

(7) This section does not apply to—

(a) proceedings for an offence under this Act;

(b) proceedings relating to a penalty under Part 12 (disabled persons: transport).

Commencement Information

I1 S. 113 wholly in force; s. 113 not in force at Royal Assent see s. 216; s. 113 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(a) (with art. 15, and subject to transitional provision in art. 7)

Chapter 2 E+W+S Civil courts

114 Jurisdiction E+W+S

(1) [F1 The county court] or, in Scotland, the sheriff has jurisdiction to determine a claim relating to—

(a) a contravention of Part 3 (services and public functions);

(b) a contravention of Part 4 (premises);

(c) a contravention of Part 6 (education);

(d) a contravention of Part 7 (associations);

(e) a contravention of section 108, 111 or 112 that relates to Part 3, 4, 6 or 7.

(2) Subsection (1)(a) does not apply to a claim within section 115.

(3) Subsection (1)(c) does not apply to a claim within section 116.

(4) Subsection (1)(d) does not apply to a contravention of section 106.

(5) For the purposes of proceedings on a claim within subsection (1)(a)—

(a) a decision in proceedings on a claim mentioned in section 115(1) that an act is a contravention of Part 3 is binding;

(b) it does not matter whether the act occurs outside the United Kingdom.

(6) The county court or sheriff—

(a) must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so;

(b) must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced.

(7) In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so.

(8) In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so.

(9) The remuneration of an assessor appointed by virtue of subsection (8) is to be at a rate determined by the Lord President of the Court of Session.

Textual Amendments

F1 Words in s. 114(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I2 S. 114 wholly in force; s. 114 not in force at Royal Assent see s. 216; s. 114 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(a) (with art. 15, and subject to transitional provision in art. 7)

115 Immigration cases E+W+S

(1) A claim is within this section if it relates to the act of an immigration authority in taking a relevant decision and—

(a) the question whether the act is a contravention of Part 3 has been or could be raised on an appeal which is pending, or could be brought, under the immigration provisions, or

(b) it has been decided on an appeal under those provisions that the act is not a contravention of Part 3.

(2) The relevant decision is not—

(a) subject to challenge in proceedings on a claim within section 114(1)(a), or

(b) affected by the decision of a court in such proceedings.

(3) For the purposes of subsection (1)(a) a power to grant permission to appeal out of time must be ignored.

(4) Each of the following is an immigration authority—

(a) the Secretary of State;

(b) an immigration officer;

(c) a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971).

(5) The immigration provisions are—

(a) the Special Immigration Appeals Commission Act 1997, or

(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.

(6) A relevant decision is—

(a) a decision under the Immigration Acts relating to the entitlement of a person to enter or remain in the United Kingdom;

(b) a decision on an appeal under the immigration provisions relating to a decision within paragraph (a).

(7) An appeal is pending if it is pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the purposes of that section as it is applied by section 2(2)(j) of the Special Immigration Appeals Commission Act 1997.

[F2 (8) This section applies in relation to reviews under section 2D [F3 and 2E] of the Special Immigration Appeals Commission Act 1997 as it applies in relation to appeals under the immigration provisions.]

Textual Amendments

F2 S. 115(8) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 12; S.I. 2013/1482, art. 2 (with arts. 3, 4)

F3 Words in s. 115(8) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 59; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I3 S. 115 wholly in force; s. 115 not in force at Royal Assent see s. 216; s. 115 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(a) (with art. 15, and subject to transitional provision in art. 7)

116 Education cases E+W+S

(1) A claim is within this section if it may be made to—

(a) the First-tier Tribunal in accordance with Part 2 of Schedule 17,

(b) the Special Educational Needs Tribunal for Wales in accordance with Part 2 of that Schedule, or

(c) [F4 the First-tier Tribunal for Scotland Health and Education Chamber] in accordance with Part 3 of that Schedule.

(2) A claim is also within this section if it must be made in accordance with appeal arrangements within the meaning of Part 4 of that Schedule.

(3) Schedule 17 (disabled pupils: enforcement) has effect.

Textual Amendments

F4 Words in s. 116(1)(c) substituted (S.) (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 4(2)

Commencement Information

I4 S. 116 wholly in force; s. 116 not in force at Royal Assent see s. 216; s. 116(3) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 116(1)(a)(b)(2) wholly in force and s. 116(1)(c)(3) in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(b)-(d) (with art. 15, and subject to transitional provision in art. 7); s. 116(1)(c)(3) in force at 18.3.2011 in so far as not already in force by S.I. 2010/2317, art. 3(a)(b) (with art. 15, and subject to transitional provision in art. 7)

117 National security E+W+S

(1) Rules of court may, in relation to proceedings on a claim within section 114, confer power as mentioned in subsections (2) to (4); but a power so conferred is exercisable only if the court thinks it expedient to do so in the interests of national security.

(2) The rules may confer power to exclude from all or part of the proceedings—

(a) the claimant or pursuer;

(b) a representative of the claimant or pursuer;

(c) an assessor.

(3) The rules may confer power to permit a claimant, pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or part of the proceedings, to which the exclusion relates.

(4) The rules may confer power to take steps to keep secret all or part of the reasons for the court's decision.

(5) The Attorney General or, in Scotland, the Advocate General for Scotland may appoint a person to represent the interests of a claimant or pursuer in, or in any part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b) relates.

(6) A person (P) may be appointed under subsection (5) only if—

(a) in relation to proceedings in England and Wales, P is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation;

(b) in relation to proceedings in Scotland, P is an advocate or qualified to practice as a solicitor in Scotland.

(7) P is not responsible to the person whose interests P is appointed to represent.

Commencement Information

I5 S. 117 wholly in force; s. 117 not in force at Royal Assent see s. 216; s. 117(1)-(4) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 117 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(e) (with art. 15, and subject to transitional provision in art. 7)

118 Time limits E+W+S

(1) [F5 Subject to [F6 [F7 section] 140AA]] proceedings on a claim within section 114 may not be brought after the end of—

(a) the period of 6 months starting with the date of the act to which the claim relates, or

(b) such other period as the county court or sheriff thinks just and equitable.

(2) If subsection (3) F8 ... applies, subsection (1)(a) has effect as if for “6 months” there were substituted “ 9 months ”.

(3) This subsection applies if—

(a) the claim relates to the act of a qualifying institution, and

(b) a complaint relating to the act is referred under the student complaints scheme before the end of the period of 6 months starting with the date of the act.

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If it has been decided under the immigration provisions that the act of an immigration authority in taking a relevant decision is a contravention of Part 3 (services and public functions), subsection (1) has effect as if for paragraph (a) there were substituted—

“(a) the period of 6 months starting with the day after the expiry of the period during which, as a result of section 114(2), proceedings could not be brought in reliance on section 114(1)(a);”.

(6) For the purposes of this section—

(a) conduct extending over a period is to be treated as done at the end of the period;

(b) failure to do something is to be treated as occurring when the person in question decided on it.

(7) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a) when P does an act inconsistent with doing it, or

(b) if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.

(8) In this section—

• “immigration authority”, “immigration provisions” and “relevant decision” each have the meaning given in section 115;

• “qualifying institution” has the meaning given in section 11 of the Higher Education Act 2004[F10 , and includes an institution which is treated as continuing to be a qualifying institution for the purposes of Part 2 of that Act (see section 20A(2) of that Act)];

• “the student complaints scheme” means a scheme for the review of qualifying complaints (within the meaning of section 12 of that Act) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).

Textual Amendments

F5 Words in s. 118(1) inserted (20.5.2011 with application as mentioned in regs. 3, 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), reg. 55

F6 Words in s. 118(1) substituted (9.7.2015) by The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (S.I. 2015/1392), regs. 1(2), 7(2) (with reg. 1(3))

F7 Word in s. 118(1) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 17(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in s. 118(2) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(13)(a), 103(2)

F9 S. 118(4) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(13)(b), 103(2)

F10 Words in s. 118(8) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 89(6), 124(5); S.I. 2018/241, reg. 2(l)

Modifications etc. (not altering text)

C1 S. 118(6) applied (1.10.2010) by S.I. 2010/2317, art. 4(3) (with art. 15)

Commencement Information

I6 S. 118 wholly in force; s. 118 not in force at Royal Assent see s. 216; s. 118 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

119 Remedies E+W+S

(1) This section applies if [F11 the county court] or the sheriff finds that there has been a contravention of a provision referred to in section 114(1).

(2) The county court has power to grant any remedy which could be granted by the High Court—

(a) in proceedings in tort;

(b) on a claim for judicial review.

(3) The sheriff has power to make any order which could be made by the Court of Session—

(a) in proceedings for reparation;

(b) on a petition for judicial review.

(4) An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).

(5) Subsection (6) applies if the county court or sheriff—

(a) finds that a contravention of a provision referred to in section 114(1) is established by virtue of section 19, but

(b) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the claimant or pursuer.

(6) The county court or sheriff must not make an award of damages unless it first considers whether to make any other disposal.

(7) The county court or sheriff must not grant a remedy other than an award of damages or the making of a declaration unless satisfied that no criminal matter would be prejudiced by doing so.

Textual Amendments

F11 Words in s. 119(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I7 S. 119 wholly in force; s. 119 not in force at Royal Assent see s. 216; s. 119 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

Chapter 3 E+W+S Employment tribunals

120 Jurisdiction E+W+S

(1) An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a) a contravention of Part 5 (work);

(b) a contravention of section 108, 111 or 112 that relates to Part 5.

(2) An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3) An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4) An employment tribunal also has jurisdiction to determine a question that—

(a) relates to a non-discrimination rule, and

(b) is referred to the tribunal by virtue of section 122.

(5) In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a) is to be treated as a party, and

(b) is accordingly entitled to appear and be heard.

(6) Nothing in this section affects such jurisdiction as the High Court, [F12 the county court], the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7) Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8) In subsection (1), the references to Part 5 do not include a reference to section 60(1).

Textual Amendments

F12 Words in s. 120(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I8 S. 120 wholly in force; s. 120 not in force at Royal Assent see s. 216; s. 120 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

121 Armed forces cases E+W+S

(1) Section 120(1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—

(a) the complainant has made a service complaint about the matter, and

(b) the complaint has not been withdrawn.

[F13 (2) Where the complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if—

(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person's or panel's decision expires, and

(b) either—

(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6) of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or

(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person's or panel's decision cannot be proceeded with.]

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of [F15 the procedures set out in service complaints regulations. ]

[F16 (6) In this section—

• “the 2006 Act” means the Armed Forces Act 2006;

• “service complaints regulations” means regulations made under section 340B(1) of the 2006 Act.]

Textual Amendments

F13 S. 121(2) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(2); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F14 S. 121(3)(4) omitted (1.1.2016) by virtue of Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(3); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F15 Words in s. 121(5) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(4); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F16 S. 121(6) inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(5); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

Commencement Information

I9 S. 121 wholly in force; s. 121 not in force at Royal Assent see s. 216; s. 121 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

122 References by court to tribunal, etc. E+W+S

(1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to a non-discrimination rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

(2) If in proceedings before a court a question arises about a non-discrimination rule, the court may (whether or not on an application by a party to the proceedings)—

(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and

(b) stay or sist the proceedings in the meantime.

Commencement Information

I10 S. 122 wholly in force; s. 122 not in force at Royal Assent see s. 216; s. 122 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

123 Time limits E+W+S

(1) [F17 Subject to [F18 [F19 section] 140B]] proceedings on a complaint within section 120 may not be brought after the end of—

(a) the period of 3 months starting with the date of the act to which the complaint relates, or

(b) such other period as the employment tribunal thinks just and equitable.

(2) Proceedings may not be brought in reliance on section 121(1) after the end of—

(a) the period of 6 months starting with the date of the act to which the proceedings relate, or

(b) such other period as the employment tribunal thinks just and equitable.

(3) For the purposes of this section—

(a) conduct extending over a period is to be treated as done at the end of the period;

(b) failure to do something is to be treated as occurring when the person in question decided on it.

(4) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a) when P does an act inconsistent with doing it, or

(b) if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.

Textual Amendments

F17 Words in s. 123(1) inserted (20.5.2011 with application as mentioned in regs. 3, 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), reg. 56

F18 Words in s. 123(1) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 43; S.I. 2014/253, art. 3(g)

F19 Word in s. 123(1) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 17(3) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I11 S. 123 wholly in force; s. 123 not in force at Royal Assent see s. 216; s. 123 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

124 Remedies: general E+W+S

(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1).

(2) The tribunal may—

(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b) order the respondent to pay compensation to the complainant;

(c) make an appropriate recommendation.

(3) An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for the purpose of obviating or reducing the adverse effect[F20 on the complainant ] of any matter to which the proceedings relate—

F21 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (5) applies if the tribunal—

(a) finds that a contravention is established by virtue of section 19, but

(b) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant.

(5) It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c).

(6) The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be awarded by [F22 the county court] or the sheriff under section 119.

(7) If a respondent fails, without reasonable excuse, to comply with an appropriate recommendationF23 ..., the tribunal may—

(a) if an order was made under subsection (2)(b), increase the amount of compensation to be paid;

(b) if no such order was made, make one.

Textual Amendments

F20 Words in s. 124(3) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 2(1)(a), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)

F21 S. 124(3)(a)(b) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 2(1)(b), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)

F22 Words in s. 124(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F23 Words in s. 124(7) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 2(2)(a), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)

Commencement Information

I12 S. 124 wholly in force; s. 124 not in force at Royal Assent see s. 216; s. 124 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

F24 125 Remedies: national security E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 S. 125 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 2(2)(b), 115(7); S.I. 2015/994, art. 11(a) (with Sch. Pt. 1)

Commencement Information

I13 S. 125 wholly in force; s. 125 not in force at Royal Assent see s. 216; s. 125 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

126 Remedies: occupational pension schemes E+W+S

(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1) in relation to—

(a) the terms on which persons become members of an occupational pension scheme, or

(b) the terms on which members of an occupational pension scheme are treated.

(2) In addition to anything which may be done by the tribunal under section 124 the tribunal may also by order declare—

(a) if the complaint relates to the terms on which persons become members of a scheme, that the complainant has a right to be admitted to the scheme;

(b) if the complaint relates to the terms on which members of the scheme are treated, that the complainant has a right to membership of the scheme without discrimination.

(3) The tribunal may not make an order under subsection (2)(b) of section 124 unless—

(a) the compensation is for injured feelings, or

(b) the order is made by virtue of subsection (7) of that section.

(4) An order under subsection (2)—

(a) may make provision as to the terms on which or the capacity in which the claimant is to enjoy the admission or membership;

(b) may have effect in relation to a period before the order is made.

Commencement Information

I14 S. 126 wholly in force; s. 126 not in force at Royal Assent see s. 216; s. 126 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

Chapter 4 E+W+S Equality of terms

127 Jurisdiction E+W+S

(1) An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule.

(2) The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference in this Chapter to a complaint relating to such a breach is to be read accordingly.

(3) An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule.

(4) An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule.

(5) An employment tribunal also has jurisdiction to determine a question that—

(a) relates to an equality clause or rule, and

(b) is referred to the tribunal by virtue of section 128(2).

(6) This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—

(a) the complainant has made a service complaint about the matter, and

(b) the complaint has not been withdrawn.

(7) [F25 Subsections (2) to (6) ] of section 121 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section.

(8) In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer—

(a) is to be treated as a party, and

(b) is accordingly entitled to appear and be heard.

(9) Nothing in this section affects such jurisdiction as the High Court, [F26 the county court], the Court of Session or the sheriff has in relation to an equality clause or rule.

Textual Amendments

F25 Words in s. 127(7) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 14; S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F26 Words in s. 127(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I15 S. 127 wholly in force; s. 127 not in force at Royal Assent see s. 216; s. 127 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

128 References by court to tribunal, etc. E+W+S

(1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

(2) If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings)—

(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and

(b) stay or sist the proceedings in the meantime.

Commencement Information

I16 S. 128 wholly in force; s. 128 not in force at Royal Assent see s. 216; s. 128 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

129 Time limits E+W+S

(1) This section applies to—

(a) a complaint relating to a breach of an equality clause or rule;

(b) an application for a declaration referred to in section 127(3) or (4).

(2) Proceedings on the complaint or application may not be brought in an employment tribunal after the end of the qualifying period.

(3) If the complaint or application relates to terms of work other than terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column [F27 , subject to [F28 [F29 section] 140B]].

Case	Qualifying period
A standard case	The period of 6 months beginning with the last day of the employment or appointment.
A stable work case (but not if it is also a concealment or incapacity case (or both))	The period of 6 months beginning with the day on which the stable working relationship ended.
A concealment case (but not if it is also an incapacity case)	The period of 6 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.
An incapacity case (but not if it is also a concealment case)	The period of 6 months beginning with the day on which the worker ceased to have the incapacity.
A case which is a concealment case and an incapacity case.	The period of 6 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case.

(4) If the complaint or application relates to terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column[F30 , subject to section 140B].

Case	Qualifying period
A standard case	The period of 9 months beginning with the last day of the period of service during which the complaint arose.
A concealment case (but not if it is also an incapacity case)	The period of 9 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.
An incapacity case (but not if it is also a concealment case)	The period of 9 months beginning with the day on which the worker ceased to have the incapacity.
A case which is a concealment case and an incapacity case.	The period of 9 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case.

Textual Amendments

F27 Words in s. 129(3) inserted (20.5.2011 with application as mentioned in regs. 3, 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), reg. 57

F28 Words in s. 129(3) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 44(a); S.I. 2014/253, art. 3(g)

F29 Word in s. 129(3) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 17(4) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in s. 129(4) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 44(b); S.I. 2014/253, art. 3(g)

Commencement Information

I17 S. 129 wholly in force; s. 129 not in force at Royal Assent see s. 216; s. 129 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

130 Section 129: supplementary E+W+S

(1) This section applies for the purposes of section 129.

(2) A standard case is a case which is not—

(a) a stable work case,

(b) a concealment case,

(c) an incapacity case, or

(d) a concealment case and an incapacity case.

(3) A stable work case is a case where the proceedings relate to a period during which there was a stable working relationship between the worker and the responsible person (including any time after the terms of work had expired).

(4) A concealment case in proceedings relating to an equality clause is a case where—

(a) the responsible person deliberately concealed a qualifying fact from the worker, and

(b) the worker did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(5) A concealment case in proceedings relating to an equality rule is a case where—

(a) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact from the member, and

(b) the member did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(6) A qualifying fact for the purposes of subsection (4) or (5) is a fact—

(a) which is relevant to the complaint, and

(b) without knowledge of which the worker or member could not reasonably have been expected to bring the proceedings.

(7) An incapacity case in proceedings relating to an equality clause with respect to terms of work other than terms of service in the armed forces is a case where the worker had an incapacity during the period of 6 months beginning with the later of—

(a) the relevant day, or

(b) the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(8) An incapacity case in proceedings relating to an equality clause with respect to terms of service in the armed forces is a case where the worker had an incapacity during the period of 9 months beginning with the later of—

(a) the last day of the period of service during which the complaint arose, or

(b) the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(9) An incapacity case in proceedings relating to an equality rule is a case where the member of the occupational pension scheme in question had an incapacity during the period of 6 months beginning with the later of—

(a) the relevant day, or

(b) the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the member by the employer or the trustees or managers of the scheme.

(10) The relevant day for the purposes of this section is—

(a) the last day of the employment or appointment, or

(b) the day on which the stable working relationship between the worker and the responsible person ended.

Commencement Information

I18 S. 130 wholly in force; s. 130 not in force at Royal Assent see s. 216; s. 130 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

131 Assessment of whether work is of equal value E+W+S

(1) This section applies to proceedings before an employment tribunal on—

(a) a complaint relating to a breach of an equality clause or rule, or

(b) a question referred to the tribunal by virtue of section 128(2).

(2) Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question.

(3) The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may—

(a) request the panel member to provide it with specified documentation;

(b) make such other requests to that member as are connected with the withdrawal of the requirement.

(4) If the tribunal requires the preparation of a report under subsection (2) (and does not withdraw the requirement), it must not determine the question unless it has received the report.

(5) Subsection (6) applies where—

(a) a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B), and

(b) A's work and B's work have been given different values by a job evaluation study.

(6) The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study—

(a) was based on a system that discriminates because of sex, or

(b) is otherwise unreliable.

(7) For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made.

(8) A reference to a member of the panel of independent experts is a reference to a person—

(a) who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service (ACAS) for the purposes of this section, and

(b) who is neither a member of the Council of ACAS nor one of its officers or members of staff.

(9) “Job evaluation study” has the meaning given in section 80(5).

Commencement Information

I19 S. 131 wholly in force; s. 131 not in force at Royal Assent see s. 216; s. 131 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

132 Remedies in non-pensions cases E+W+S

(1) This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach of the equality clause, it may—

(a) make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b) order an award by way of arrears of pay or damages in relation to the complainant.

(3) The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.

(4) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

Case	Arrears day
A standard case	The day falling 6 years before the day on which the proceedings were instituted.
A concealment case or an incapacity case (or a case which is both).	The day on which the breach first occurred.

(5) In relation to proceedings in Scotland, the arrears day is the first day of—

(a) the period of 5 years ending with the day on which the proceedings were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error, [F31 the period determined in accordance with section 135(6) and (7)].

Textual Amendments

F31 Words in s. 132(5)(b) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 6

Commencement Information

I20 S. 132 wholly in force; s. 132 not in force at Royal Assent see s. 216; s. 132 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

133 Remedies in pensions cases E+W+S

(1) This section applies to proceedings before a court or employment tribunal on a complaint relating to—

(a) a breach of an equality rule, or

(b) a breach of an equality clause with respect to membership of, or rights under, an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach as referred to in subsection (1)—

(a) it may make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b) it must not order arrears of benefits or damages or any other amount to be paid to the complainant.

(3) Subsection (2)(b) does not apply if the proceedings are proceedings to which section 134 applies.

(4) If the breach relates to a term on which persons become members of the scheme, the court or tribunal may declare that the complainant is entitled to be admitted to the scheme with effect from a specified date.

(5) A date specified for the purposes of subsection (4) must not be before 8 April 1976.

(6) If the breach relates to a term on which members of the scheme are treated, the court or tribunal may declare that the complainant is, in respect of a specified period, entitled to secure the rights that would have accrued if the breach had not occurred.

(7) A period specified for the purposes of subsection (6) must not begin before 17 May 1990.

(8) If the court or tribunal makes a declaration under subsection (6), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the rights referred to in that subsection.

Commencement Information

I21 S. 133 wholly in force; s. 133 not in force at Royal Assent see s. 216; s. 133 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

134 Remedies in claims for arrears brought by pensioner members E+W+S

(1) This section applies to proceedings before a court or employment tribunal on a complaint by a pensioner member of an occupational pension scheme relating to a breach of an equality clause or rule with respect to a term on which the member is treated.

(2) If the court or tribunal finds that there has been a breach referred to in subsection (1), it may—

(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b) order an award by way of arrears of benefits or damages or of any other amount in relation to the complainant.

(3) The court or tribunal must not order an award under subsection (2)(b) in respect of a time before the arrears day.

(4) If the court or tribunal orders an award under subsection (2)(b), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the amount of the award.

(5) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

Case	Arrears day
A standard case	The day falling 6 years before the day on which the proceedings were commenced.
A concealment case or an incapacity case (or a case which is both).	The day on which the breach first occurred.

(6) In relation to proceedings in Scotland, the arrears day is the first day of—

(a) the period of 5 years ending with the day on which the proceedings were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error, [F32 the period determined in accordance with section 135(6) and (7)].

Textual Amendments

F32 Words in s. 134(6)(b) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 6

Commencement Information

I22 S. 134 wholly in force; s. 134 not in force at Royal Assent see s. 216; s. 134 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

135 Supplementary E+W+S

(1) This section applies for the purposes of sections 132 to 134.

(2) A standard case is a case which is not—

(a) a concealment case,

(b) an incapacity case, or

(c) a concealment case and an incapacity case.

(3) A concealment case in relation to an equality clause is a case where—

(a) the responsible person deliberately concealed a qualifying fact (as defined by section 130) from the worker, and

(b) the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

(4) A concealment case in relation to an equality rule is a case where—

(a) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 130) from the member, and

(b) the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact.

(5) An incapacity case is a case where the worker or member—

(a) had an incapacity when the breach first occurred, and

(b) commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity.

(6) A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 132(5)(a) [F33 or 134(6)(a)] is, as a result of subsection (7) below, reckoned as a period of more than [F34 5 years; and—

(a) if, as a result of subsection (7), that period is reckoned as a period of more than 5 years but no more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is that extended period;

(b) if, as a result of subsection (7), that period is reckoned as a period of more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is a period of 20 years.]

(7) For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member—

(a) had an incapacity, or

(b) was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error).

(8) For the purposes of subsection (7)—

(a) a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person;

(b) an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person;

(c) a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme;

(d) an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme.

(9) A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned.

(10) In relation to terms of service, a reference in section 132(5) or subsection (3) or (5)(b) of this section to commencing proceedings is to be read as a reference to making a service complaint.

(11) A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member.

(12) In relation to proceedings before a court—

(a) a reference to a complaint is to be read as a reference to a claim, and

(b) a reference to a complainant is to be read as a reference to a claimant.

Textual Amendments

F33 Words in s. 135(6) inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 7(a)

F34 Words in s. 135(6) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 7(b)

Commencement Information

I23 S. 135 wholly in force; s. 135 not in force at Royal Assent see s. 216; s. 135 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)

Chapter 5 E+W+S Miscellaneous

136 Burden of proof E+W+S

(1) This section applies to any proceedings relating to a contravention of this Act.

(2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3) But subsection (2) does not apply if A shows that A did not contravene the provision.

(4) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(5) This section does not apply to proceedings for an offence under this Act.

(6) A reference to the court includes a reference to—

(a) an employment tribunal;

(b) the Asylum and Immigration Tribunal;

(c) the Special Immigration Appeals Commission;

(d) the First-tier Tribunal;

(e) the Special Educational Needs Tribunal for Wales;

(f) [F35 the First-tier Tribunal for Scotland Health and Education Chamber] .

Textual Amendments

F35 Words in s. 136(6)(f) substituted (S.) (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 4(3)

Commencement Information

I24 S. 136 wholly in force; s. 136 not in force at Royal Assent see s. 216; s. 136(1)-(5)(6)(a)-(e) in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(g) (with art. 15, and subject to transitional provision in art. 7); s. 136(6)(f) in force at 18.3.2011 by S.I. 2010/2317, art. 3(c) (with art. 15, and subject to transitional provision in art. 7)

137 Previous findings E+W+S

(1) A finding in relevant proceedings in respect of an act which has become final is to be treated as conclusive in proceedings under this Act.

(2) Relevant proceedings are proceedings before a court or employment tribunal under any of the following—

(a) section 19 or 20 of the Race Relations Act 1968;

(b) the Equal Pay Act 1970;

(c) the Sex Discrimination Act 1975;

(d) the Race Relations Act 1976;

(e) section 6(4A) of the Sex Discrimination Act 1986;

(f) the Disability Discrimination Act 1995;

(g) Part 2 of the Equality Act 2006;

(h) the Employment Equality (Religion and Belief) Regulations 2003 (S.I. 2003/1660);

(i) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(j) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(k) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

(3) A finding becomes final—

(a) when an appeal against the finding is dismissed, withdrawn or abandoned, or

(b) when the time for appealing expires without an appeal having been brought.

Commencement Information

I25 S. 137 wholly in force; s. 137 not in force at Royal Assent see s. 216; s. 137 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(h) (with art. 15, and subject to transitional provision in art. 7)

F36 138 Obtaining information, etc. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 S. 138 omitted (6.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 66(1), 103(3) (with s. 66(2)); S.I. 2014/416, art. 3(c)

139 Interest E+W+S

(1) Regulations may make provision—

(a) for enabling an employment tribunal to include interest on an amount awarded by it in proceedings under this Act;

(b) specifying the manner in which, and the periods and rate by reference to which, the interest is to be determined.

(2) Regulations may modify the operation of an order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on awards) in so far as it relates to an award in proceedings under this Act.

Commencement Information

I26 S. 139 wholly in force; s. 139 not in force at Royal Assent see s. 216; s. 139 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(j) (with art. 15, and subject to transitional provision in art. 7)

[F37 139A Equal pay audits E+W+S

(1) Regulations may make provision requiring an employment tribunal to order the respondent to carry out an equal pay audit in any case where the tribunal finds that there has been an equal pay breach.

(2) An equal pay breach is—

(a) a breach of an equality clause, or

(b) a contravention in relation to pay of section 39(2), 49(6) or 50(6), so far as relating to sex discrimination.

(3) An equal pay audit is an audit designed to identify action to be taken to avoid equal pay breaches occurring or continuing.

(4) The regulations may make further provision about equal pay audits, including provision about—

(a) the content of an audit;

(b) the powers and duties of a tribunal for deciding whether its order has been complied with;

(c) any circumstances in which an audit may be required to be published or may be disclosed to any person.

(5) The regulations must provide for an equal pay audit not to be ordered where the tribunal considers that—

(a) an audit completed by the respondent in the previous 3 years meets requirements prescribed for this purpose,

(b) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing,

(c) the breach the tribunal has found gives no reason to think that there may be other breaches, or

(d) the disadvantages of an equal pay audit would outweigh its benefits.

(6) The regulations may provide for an employment tribunal to have power, where a person fails to comply with an order to carry out an equal pay audit, to order that person to pay a penalty to the Secretary of State of not more than an amount specified in the regulations.

(7) The regulations may provide for that power—

(a) to be exercisable in prescribed circumstances;

(b) to be exercisable more than once, if the failure to comply continues.

(8) The first regulations made by virtue of subsection (6) must not specify an amount of more than £5,000.

(9) Sums received by the Secretary of State under the regulations must be paid into the Consolidated Fund.

(10) The first regulations under this section must specify an exemption period during which the requirement to order an equal pay audit does not apply in the case of a business that—

(a) had fewer than 10 employees immediately before a specified time, or

(b) was begun as a new business in a specified period.

(11) For the purposes of subsection (10)—

(a) “ specified ” means specified in the regulations, and

(b) the number of employees a business had or the time when a business was begun as a new business is to be determined in accordance with the regulations.

(12) Before making regulations under this section, a Minister of the Crown must consult any other Minister of the Crown with responsibility for employment tribunals.]

Textual Amendments

F37 S. 139A inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 98(2), 103(1)

140 Conduct giving rise to separate proceedings E+W+S

(1) This section applies in relation to conduct which has given rise to two or more separate proceedings under this Act, with at least one being for a contravention of section 111 (instructing, causing or inducing contraventions).

(2) A court may transfer proceedings to an employment tribunal.

(3) An employment tribunal may transfer proceedings to a court.

(4) A court or employment tribunal is to be taken for the purposes of this Part to have jurisdiction to determine a claim or complaint transferred to it under this section; accordingly—

(a) a reference to a claim within section 114(1) includes a reference to a claim transferred to a court under this section, and

(b) a reference to a complaint within section 120(1) includes a reference to a complaint transferred to an employment tribunal under this section.

(5) A court or employment tribunal may not make a decision that is inconsistent with an earlier decision in proceedings arising out of the conduct.

(6) “Court” means—

(a) in relation to proceedings in England and Wales, [F38 the county court];

(b) in relation to proceedings in Scotland, the sheriff.

Textual Amendments

F38 Words in s. 140(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I27 S. 140 wholly in force; s. 140 not in force at Royal Assent see s. 216; s. 140 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(j) (with art. 15, and subject to transitional provision in art. 7)

F39 140A Extension of time limits because of mediation in certain cross-border disputes E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 S. 140A omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 17(5) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[F40 140AA Extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes E+W+S

(1) In this section—

F41 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42 (b) “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)].

F43 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44 (d) “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution]

[F45 (da) “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;]

(e) “non-binding ADR procedure” means an ADR procedure the outcome of which is not binding on the parties;

[F46 (f) “relevant dispute” means a dispute that—

(a) concerns obligations under a sales contract or a service contract, and

(b) is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure.]

[F47 (g) “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

(h) “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

(i) “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.]

(2) Subsection (3) applies where—

(a) a time limit is set by section 118(1)(a) and (2) in relation to the whole or part of a relevant dispute;

(b) a non-binding ADR procedure in relation to the relevant dispute starts before the time limit expires; and

(c) if not extended by this section, the time limit would expire before the non-binding ADR procedure ends or less than eight weeks after it ends.

(3) For the purposes of initiating judicial proceedings, the time limit expires instead at the end of eight weeks after the non-binding ADR procedure ends (subject to subsection (4)).

(4) If a time limit has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).

(5) Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) of one of those time limits does not affect the others.

(6) For the purposes of this section, a non-binding ADR procedure starts in relation to a relevant dispute on the date when the dispute is first sent or otherwise communicated to the ADR entity in accordance with the entity’s rules regarding the submission of complaints.

(7) For the purposes of this section, the non-binding ADR procedure ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute;

(b) a party completes the notification of the other parties that it has withdrawn from the non-binding ADR procedure;

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

(d) that the ADR entity notifies the party that submitted the relevant dispute to the ADR entity that, in accordance with its policy, the ADR entity refuses to deal with the relevant dispute;

(e) after the parties are notified that the ADR entity can no longer act in relation to the relevant dispute (for whatever reason), the parties fail to agree within 14 days to submit the dispute to an alternative ADR entity;

(f) the non-binding ADR procedure otherwise comes to an end pursuant to the rules of the ADR entity.

(8) For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the non-binding ADR procedure.

(9) In the case of any relevant dispute, references in this section to a non-binding ADR procedure are references to the non-binding ADR procedure so far as it relates to that dispute, and references to a party are to be read accordingly.

(10) Where a court or tribunal has power under section 118(1)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this section.]

Textual Amendments

F40 S. 140AA inserted (9.7.2015) by The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (S.I. 2015/1392), regs. 1(2), 7(3) (with reg. 1(3))

F41 S. 140AA(1)(a) omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(2)(a) (with reg. 10) (as amended by S.I. 2020/1139, regs. 1(2), 6(3); 2020 c. 1, Sch. 5 para. 1(1))

F42 S. 140AA(1)(b) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(2)(b) (with reg. 10) (as substituted by S.I. 2020/1139, regs. 1(2), 6(2)(a) (with reg. 7))

F43 S. 140AA(1)(c) omitted (9.1.2016) by virtue of The Alternative Dispute Resolution for Consumer Disputes (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1972), regs. 1, 5(2)

F44 S. 140AA(1)(d) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(2)(c) (with reg. 10) (as amended by S.I. 2020/1139, regs. 1(2), 6(3); 2020 c. 1, Sch. 5 para. 1(1))

F45 S. 140AA(1)(da) inserted (31.12.2020) by S.I. 2019/305, reg. 5(2)(ca) (as inserted by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(2)(b) (with reg. 7))

F46 S. 140AA(1)(f) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(2)(d) (with reg. 10) (as amended by S.I. 2020/1139, regs. 1(2), 6(2)(c)(3); 2020 c. 1, Sch. 5 para. 1(1))

F47 S. 140AA(1)(g)-(i) inserted (31.12.2020) by S.I. 2019/305, reg. 5(2)(e) (as inserted by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 6(2)(d) (with reg. 7))

[F48 140B Extension of time limits to facilitate conciliation before institution of proceedings E+W+S

(1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4).

F49 ...

(2) In this section—

(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.]

Textual Amendments

F48 S.140B inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), Sch. 2 para. 45; S.I. 2014/253, art. 3(g)

F49 Words in s. 140B(1) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 17(6) (with reg. 5 (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6))); 2020 c. 1, Sch. 5 para. 1(1)

141 Interpretation, etc. E+W+S

(1) This section applies for the purposes of this Part.

(2) A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5.

(3) A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question.

(4) A reference to the terms of a person's work is to be construed in accordance with Chapter 3 of Part 5.

(5) A reference to a member of an occupational pension scheme includes a reference to a prospective member.

(6) In relation to proceedings in England and Wales, a person has an incapacity if the person—

(a) has not attained the age of 18, or

(b) lacks capacity (within the meaning of the Mental Capacity Act 2005).

(7) In relation to proceedings in Scotland, a person has an incapacity if the person—

(a) has not attained the age of 16, or

(b) is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

[F50 (8) Service complaint” means a complaint made under section 340A(1) or (2) of the Armed Forces Act 2006.]

(9) “Criminal matter” means—

(a) an investigation into the commission of an alleged offence;

(b) a decision whether to commence criminal proceedings;

(c) criminal proceedings.

Textual Amendments

F50 S. 141(8) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 15; S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

Commencement Information

I28 S. 141 wholly in force; s. 141 not in force at Royal Assent see s. 216; s. 141 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(j) (with art. 15, and subject to transitional provision in art. 7)