Part 9Enforcement
Chapter 4Equality of terms
I1127Jurisdiction
1
An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule.
2
The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference in this Chapter to a complaint relating to such a breach is to be read accordingly.
3
An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule.
4
An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule.
5
An employment tribunal also has jurisdiction to determine a question that—
a
relates to an equality clause or rule, and
b
is referred to the tribunal by virtue of section 128(2).
6
This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—
a
the complainant has made a service complaint about the matter, and
b
the complaint has not been withdrawn.
7
F2Subsections (2) to (6) of section 121 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section.
8
In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer—
a
is to be treated as a party, and
b
is accordingly entitled to appear and be heard.
9
Nothing in this section affects such jurisdiction as the High Court, F1the county court, the Court of Session or the sheriff has in relation to an equality clause or rule.