Equality Act 2010 Explanatory Notes

Effect

435.This section allows an employment tribunal to declare that in cases where an equality rule or equality clause has been breached in relation to:

  • scheme membership, the complainant is entitled to be admitted to the scheme from a date specified by the tribunal, although the date cannot be earlier than 8 April 1976;

  • scheme rights, the complainant is entitled to have any rights which would have accrued under the scheme secured from a date specified by the tribunal, although the date cannot be earlier than 17 May 1990.

436.However, the section prevents a tribunal ordering an award of compensation to the complainant.

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