Explanatory Notes

Equality Act 2010

2010 CHAPTER 15

8 April 2010

Commentary on Sections

Part 9: Enforcement

Chapter 1: Introductory
Section 113: Proceedings
Effect

372.This section applies the provisions of Part 9 to claims made under the Act. These claims must be brought either in a county court (sheriff court in Scotland) or in an employment tribunal. Sections 114 and 120 set out which claims should be brought in the civil courts and which in tribunals.

373.This section does not affect the enforcement powers of the Equality and Human Rights Commission which are in Part 1 of the Equality Act 2006. Nor does it prevent judicial review proceedings (or the equivalent in Scotland) or certain immigration proceedings related to compliance with the Act’s provisions.

Background

374.This provision replaces similar provisions in the previous legislation.