Part 9Enforcement
Chapter 3Employment tribunals
I1124Remedies: general
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 effectF2on the complainant of any matter to which the proceedings relate—
F3a
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F3b
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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 F1the county court or the sheriff under section 119.
7
If a respondent fails, without reasonable excuse, to comply with an appropriate recommendationF4..., 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.