Section 119 — Equality Act 2010: Remedies

Remedies 119 1 This section applies if 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 or 19A , 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.