A complaint by any person (“the complainant") that another person (“the respondent")—
(a) has committed an act . . . against the complainant which is unlawful by virtue of Part II , section 76ZA or, in relation to discrimination on grounds of race or ethnic or national origins, or harassment, section 26A, 26B or 76 ; or
(b) is by virtue of section 32 or 33 to be treated as having committed such an act . . . against the complainant,
may be presented to an employment tribunal.
Subsection (1) does not apply to a complaint under section 12(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment, . . ..