At the Tribunal | |
Before
MR RECORDER LANGSTAFF QC
LORD DAVIES OF COITY CBE
MRS R A VICKERS
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR M JOHNSTONE (Representative) The Employment Law Centre Ltd Wembley Law Chambers 38 Napier Road Wembley Middx HA0 4UA |
For the Respondent | MR T KIBLING (of Counsel) Instructed By: Messrs Eversheds Solicitors Fitzalan House Fitzalan Road Cardiff CF24 0EE |
MR RECORDER LANGSTAFF QC:
"(1) Where an employment tribunal finds that the complaint presented to it under section 63 [that is a complaint of an act of discrimination] is well-founded the tribunal shall make such of the following as it considers just and equitable -
(a) an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;
(b) an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court … to pay to the complainant if the complaint had fallen to be dealt with under section 66
(c) a recommendation that the respondent to take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates."
Section 1(A) is not, for present purposes, material.
Section 1(B) provides:
"(1B) As respects an unlawful act of discrimination falling within section 1(1)(b) [that is being a complaint of indirect discrimination] … if the respondent proves that the requirement or condition in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex or marital status as the case may be, an order may be made under subsection 1(b) only if the employment tribunal –
(a) makes such order under subsection 1(a) and such recommendation under subsection 1(c) (if any) as it would have made if it had no power to make an order under subsection 1(b); and
(b) where it makes an order under subsection 1(a) or a recommendation under subsection 1(c) or both considers that it is just and equitable to make an order under subsection 1(b) as well."
Costs Application