This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.
If the court or tribunal finds that there has been a breach of the equality clause, it may—
make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;
order an award by way of arrears of pay or damages in relation to the complainant.
The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.
In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.
In relation to proceedings in Scotland, the arrears day is the first day of—
the period of 5 years ending with the day on which the proceedings were commenced, or
if the case involves a relevant incapacity, or a relevant fraud or error, the period determined in accordance with section 135(6) and (7).