PART III Discrimination in Other Areas

Enforcement, etc.

E125 Enforcement, remedies and procedure.

F11

A claim by any person that another person—

a

has discriminated against him in a way which is unlawful under this Part; or

b

is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,

may be made the subject of civil proceedings in the same way as any other claim in tort F2. . . for breach of statutory duty.

2

For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.

3

Proceedings inF3 Northern Ireland shall be brought only in a county court.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The remedies available in such proceedings are those which are available in the High Court F5. . . .

6

Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

F66A

Subsection (1) does not apply in relation to a claim by a person that another person—

a

has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or

b

is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.

F7F87

Subsection (1) does not apply in relation to a claim by a person that another person—

a

has discriminated against him in relation to the provision of employment services; or

b

is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services.

8

A claim—

a

of the kind referred to in subsection (6A) or (7); or

b

by a person that another—

i

has subjected him to harassment in a way which is unlawful under section 21A(2), or

ii

is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way,

may be presented as a complaint to an industrial tribunal.

9

Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).