Section 126 — Equality Act 2010: Remedies: occupational pension schemes

Remedies: occupational pension schemes 126 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.