Simon Cheetham wonders why tribunal recommendations are such a rare beast
Tribunals have had the power to make recommendations in discrimination cases since the Sex Discrimination Act 1975, now found under the Equality Act 2010, s124. However, it is a remedy rarely requested and a power that is hardly ever used. As a result, employees are overlooking what may be—at the least—a useful bargaining chip and tribunals are missing an opportunity to try and tackle the problems they have identified.
Under s 124, a recommendation by the tribunal requires the respondent employer to take specified steps within a particular time period, “for the purpose of obviating or reducing the adverse effect” on either the claimant or any other person of any matter to which the discrimination proceedings relate.
Under previous legislation, the recommendation could only benefit the individual claimant, but now the tribunal can recommend action that would reduce the impact of the respondent’s discriminatory actions on the wider workforce.
A trio of remedies
A recent Employment Appeal Tribunal judgment (in an age discrimination and victimisation case) has shown
