A complaint by any person (“the complainant”) that another person (“the respondent”)—
(a) has committed an act of discrimination or harassment against the complainant which is unlawful by virtue of Part II or section 35A or 35B , or
(b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination or harassment against the complainant,
may be presented to an employment tribunal.
Subsection (1) does not apply to a complaint under section 13(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.