Section 65: Remedies on complaint under section 63., Sex Discrimination Act 1975

Where an employment tribunal finds that a complaint presented to it under section 63 is well-founded the tribunal shall make such of the following as it considers just and equitable—

makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and

(where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.

an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;

an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under section 66;

a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates.

In applying section 66 for the purposes of subsection (1)(b), no account shall be taken of subsection (3) of that section.

As respects an unlawful act of discrimination falling within section 1(2)(b) or section 3(1)(b), if the respondent proves that the provision, criterion or practice in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex or (as the case may be) fulfilment of the condition in section 3(2), an order may be made under subsection (1)(b) only if the employment tribunal—

makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and

(where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.

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If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an employment tribunal under subsection (1)(c), then, if they think it just and equitable to do so—

the tribunal may . . .increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b), or

if an order under subsection (1)(b) was not made, the tribunal may make such an order.

Section 65: Remedies on complaint under section 63.

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