Section 124 — Equality Act 2010: Remedies: general

Remedies: general 124 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 on the complainant of any matter to which the proceedings relate—

a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Subsection (5) applies if the tribunal—

a finds that a contravention 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 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 the county court or the sheriff under section 119.

7 If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation ..., 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.