PART III Discrimination in Other Areas
Enforcement, etc.
E325 Enforcement, remedies and procedure.
1
A claim by any person that another person—
a
has discriminated against him in a way which is unlawful under this Part; or
b
is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,
may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
2
For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.
3
Proceedings in England and Wales shall be brought only in a county court.
4
Proceedings in Scotland shall be brought only in a sheriff court.
5
The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.
6
Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
F47
Subsection (1) does not apply in relation to a claim by a person that another person—
a
has discriminated against him or subjected him to harassment in relation to the provision of employment services in a way which is unlawful under this Part; or
b
is by virtue of section 57 or 58 to be treated as having discriminated against him or subjected him to harassment in such a way.
8
A claim of the kind referred to in subsection (7) may be presented as a complaint to an employment tribunal.
9
Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).
F17
Subsection (1) does not apply in relation to a claim by a person that another person –
a
has discriminated against him or subjected him to harassment in relation to the provision of employment services in a way which is unlawful under this Part; or
b
is by virtue of section 57 or 58 to be treated as having discriminated against him or subjected him to harassment in such a way.
8
A claim of the kind referred to in subsection (7) may be presented as a complaint to an industrial tribunal.
9
Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).
E426 Validity and revision of certain agreements.
1
Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to—
a
require a person to do anything which would contravene any provision of, or made under, this Part,
b
exclude or limit the operation of any provision of this Part, or
c
prevent any person from making a claim under this Part.
F51A
Subsection (1) does not apply to any term in a contract, or other agreement, for the provision of employment services.
2
Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.
3
On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).
4
No such order shall be made unless all persons affected have been—
a
given notice of the application; and
b
afforded an opportunity to make representations to the court.
5
Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.
6
An order under subsection (3) may include provision as respects any period before the making of the order.
I1C1C227 Alterations to premises occupied under leases.
1
This section applies where—
a
a provider of services (“the occupier”) occupies premises under a lease;
b
but for this section, he would not be entitled to make a particular alteration to the premises; and
c
the alteration is one which the occupier proposes to make in order to comply with a section 21 duty.
2
Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
a
for the occupier to be entitled to make the alteration with the written consent of the lessor;
b
for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
c
if such an application is made, for the lessor not to withhold his consent unreasonably; and
d
for the lessor to be entitled to make his consent subject to reasonable conditions.
3
In this section—
“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.
4
If the terms and conditions of a lease—
a
impose conditions which are to apply if the occupier alters the premises, or
b
entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
5
Part II of Schedule 4 supplements the provisions of this section.
I3E128F3 Conciliation of disputes.
1
The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.
2
In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.
3
No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.
4
The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.
5
Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.
6
Subsection (4) does not apply to information which—
a
is not identifiable with a particular dispute or a particular person; and
b
is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.
7
Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.
8
In this section “conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.
E2I228F2 Conciliation of disputes.
1
The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.
2
In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.
3
No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.
4
The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.
5
Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.
6
Subsection (4) does not apply to information which—
a
is not identifiable with a particular dispute or a particular person; and
b
is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.
7
Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.
8
In this section—
“the Commission” means the Equality Commission for Northern Ireland; and
“conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.