C1Part IIF17THE EMPLOYMENT FIELDF18 AND DISTRICT COUNCILSF19and members of locally-electable authorities
Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)
Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}
Pt. II applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(b); S.I. 2013/1682, art. 3(k)
F14 Enforcement etc.
Cross-heading preceding s. 8 moved (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(1)
F1E1I117A Enforcement, remedies and procedure.
F21
A complaint by any person that another person—
a
has discriminated against him F3, or subjected him to harassment, in a way which is unlawful under this Part, or
b
is, by virtue of section 57 or 58, to be treated as having F4done so,
may be presented to an industrial tribunal.
F51A
Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.
1B
Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.
2
Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
a
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
b
ordering the respondent to pay compensation to the complainant;
c
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
F63
Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty.
4
For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
5
If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
a
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
b
make an order under subsection (2)(b).
6
Regulations may make provision—
a
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
b
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
F77
Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F8
(power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
8
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
17BF16Enforcement of sections F1116B(1) and 16C
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E217BF15Enforcement of sections F916B(1) and 16C
1
Only the Commission may bring proceedings in respect of a contravention of section F916B(1) (discriminatory advertisements) or section 16C (instructions and pressure to discriminate).
2
The Commission shall bring any such proceedings in accordance with subsection (3) or (4).
3
The Commission may present to an industrial tribunal a complaint that a person has done an act which is unlawful under section F916B(1) or 16C; and if the tribunal finds that the complaint is well-founded it shall make a declaration to that effect.
4
Where –
a
a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section F916B(1) or 16C,
b
that finding has become final, and
c
it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under F10section 16B(1) or (as the case may be) section 16C,
the Commission may apply to a county court for an injunction restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.
5
A finding of a tribunal under subsection (3) in respect of any act shall, if it has become final, be treated as conclusive by a county court upon an application under subsection (4).
6
A finding of a tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.
7
An industrial tribunal shall not consider a complaint under subsection (3) unless it is presented before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under subsection (4) unless it is made before the end of the period of five years so beginning.
8
A court or tribunal may consider any such complaint or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
9
The provisions of paragraph 3(3) and (4) of Schedule 3 apply for the purposes of subsection (7) as they apply for the purposes of paragraph 3(1) of that Schedule.
10
In this section “the Commission” means the Equality Commission for Northern Ireland.
E417CF16Validity of contracts, collective agreements and rules of undertakings
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E317CF15Validity of contracts, collective agreements and rules of undertakings
Schedule 3A shall have effect.
Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)