Part 9Enforcement
Chapter 4Equality of terms
I1132Remedies in non-pensions cases
1
This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.
2
If the court or tribunal finds that there has been a breach of the equality clause, it may—
a
make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;
b
order an award by way of arrears of pay or damages in relation to the complainant.
3
The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.
4
In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.
Case | Arrears day |
|---|---|
A standard case | The day falling 6 years before the day on which the proceedings were instituted. |
A concealment case or an incapacity case (or a case which is both). | The day on which the breach first occurred. |
5
In relation to proceedings in Scotland, the arrears day is the first day of—
a
the period of 5 years ending with the day on which the proceedings were commenced, or
b
if the case involves a relevant incapacity, or a relevant fraud or error, F1the period determined in accordance with section 135(6) and (7).