Section 124A — Equality Act 2010: Remedies: compensation uplift in sexual harassment cases

Remedies: compensation uplift in sexual harassment cases 124A 1 This section applies where—

a an employment tribunal has found that there has been a contravention of section 40 (harassment of employees) which involved, to any extent, harassment of the kind described in section 26(2) (sexual harassment),

and b the tribunal has ordered the respondent to pay compensation to the complainant under section 124(2)(b).

2 The tribunal must consider whether and to what extent the respondent has also contravened section 40A(1) (duty to take reasonable steps to prevent harassment of employees).

3 If the tribunal is satisfied that the respondent has contravened section 40A(1), it may order the respondent to pay an amount to the complainant (a “compensation uplift”) in addition to the compensation amount determined in accordance with section 124(6).

4 The amount of the compensation uplift—

a must reflect the extent to which, in the tribunal’s opinion, the respondent has contravened section 40A(1), but b may be no more than 25% of the amount awarded under section 124(2)(b).