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The Employment Equality (Religion or Belief) Regulations 2003
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- UK Statutory Instruments
- 2003 No. 1660
- PART V
- Regulation 31
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Changes and effects yet to be applied to Regulation 31:
- Regulations revoked by 2010 c. 15 Sch. 27 Pt. 2
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1A inserted by S.I. 2003/2828 reg. 3(6)
- Sch. 1A para. 1(1) words inserted by S.I. 2006/1031 Sch. 8 para. 62(2)(b)
- Sch. 1A para. 1(1) words omitted by S.I. 2006/1031 Sch. 8 para. 62(2)(a)
- Sch. 1A para. 1(2) words omitted by S.I. 2006/1031 Sch. 8 para. 62(3)
- Sch. 1B inserted by S.I. 2004/437 reg. 3(3)
- Sch. 4 para. 2(5A) words substituted by S.I. 2009/3348 art. 22 Sch. 1
- reg. 9A inserted by S.I. 2003/2828 reg. 3(3)
- reg. 10(10)(b)(viia) inserted by S.I. 2007/1388 Sch. 1 para. 150(b)
- reg. 11A inserted by S.I. 2006/594 Sch. para. 36(5)
- reg. 17(1)(aa) inserted by S.I. 2007/2269 reg. 4(4)(b)
- reg. 20(4A) inserted by S.I. 2004/437 reg. 3(2)
- reg. 30(5) inserted by S.I. 2003/2828 reg. 3(5)
- reg. 34(1A) inserted by S.I. 2004/752 reg. 17(g)(ii)
Commencement Orders yet to be applied to the The Employment Equality (Religion or Belief) Regulations 2003
Commencement Orders bringing legislation that affects this Instrument into force:
- S.I. 2010/2317 art. 2(15)(f) commences (2010 c. 15)
- S.I. 2011/1066 art. 2(h) commences (2010 c. 15)
Jurisdiction of county and sheriff courtsE+W+S
31.—(1) A claim by any person (“the claimant”) that another person (“the respondent”)—
(a)has committed against the claimant an act to which this regulation applies; or
(b)is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
(2) Proceedings brought under paragraph (1) shall—
(a)in England and Wales, be brought only in a county court; and
(b)in Scotland, be brought only in a sheriff court.
(3) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
(4) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of—
(a)regulation 20 (institutions of further and higher education); or
(b)where the act arises out of and is closely connected to a relationship between the claimant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the claimant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).
(5) In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
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