Part 9Enforcement
Chapter 3Employment tribunals
I1126Remedies: occupational pension schemes
1
This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1) in relation to—
a
the terms on which persons become members of an occupational pension scheme, or
b
the terms on which members of an occupational pension scheme are treated.
2
In addition to anything which may be done by the tribunal under section 124 the tribunal may also by order declare—
a
if the complaint relates to the terms on which persons become members of a scheme, that the complainant has a right to be admitted to the scheme;
b
if the complaint relates to the terms on which members of the scheme are treated, that the complainant has a right to membership of the scheme without discrimination.
3
The tribunal may not make an order under subsection (2)(b) of section 124 unless—
a
the compensation is for injured feelings, or
b
the order is made by virtue of subsection (7) of that section.
4
An order under subsection (2)—
a
may make provision as to the terms on which or the capacity in which the claimant is to enjoy the admission or membership;
b
may have effect in relation to a period before the order is made.