Section 127 — Equality Act 2010: Jurisdiction

Jurisdiction 127 1 An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule.

2 The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference in this Chapter to a complaint relating to such a breach is to be read accordingly.

3 An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule.

4 An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule.

5 An employment tribunal also has jurisdiction to determine a question that—

a relates to an equality clause or rule, and b is referred to the tribunal by virtue of section 128(2).

6 This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—

a the complainant has made a service complaint about the matter, and b the complaint has not been withdrawn.

7 Subsections (2) to (6) of section 121 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section.

8 In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer—

a is to be treated as a party, and b is accordingly entitled to appear and be heard.

9 Nothing in this section affects such jurisdiction as the High Court, the county court , the Court of Session or the sheriff has in relation to an equality clause or rule.