SolvedSection 26 | Remedies on complaints under section 24. F1
From legislation.gov.uk
(1)Where the Tribunal finds that a complaint presented to it under section 24 is well-founded, the Tribunal shall make such of the following as it considers just and equitable—F1
(a)an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates,F1
(b)an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered to pay by the High Court if the complaint had been a claim in tort, andF1
(c)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 unlawful discrimination to which the complaint relates.F1
(2)As respects an act of unlawful discrimination falling within section 16(2)(b) no award of compensation shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on the ground of his religious belief or political opinion as the case may be.F1
(3)Compensation awarded to a person under subsection (1)(b) may include compensation for injury to feelings whether or not it includes compensation under any other head.F1
(5)If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by the Tribunal under subsection (1)(c), then, if it considers it just and equitable to do so–F1
(a)the Tribunal may . . . increase the amount of any compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b), orF1F3
(b)if an order under subsection (1)(b) could have been made but was not, the Tribunal may make such an order.F1
(6)Where compensation falls to be awarded in respect of any act both under the provisions of this section and under any other enactment, the Tribunal shall not award compensation under this section in respect of any loss or other matter which has been taken into account under that other enactment by a court or tribunal in awarding compensation in an action in respect of that act.F1
(6A)The Department may by order made with the approval of the Department of Finance make provision—F1F4
(a)for enabling the Tribunal, where an amount of compensation falls to be awarded under subsection (1)(b), to include in the award interest on that amount; andF1F4
(b)specifying, for cases where the Tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined,F1F4
and the order may contain such incidental and supplementary provisions as the Department considers appropriate.
(6B)The power to make an order under subsection (6A) includes power to vary or revoke the order.F1
(7)Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 (which enables the Department to provide by order that sums payable in pursuance of decisions of industrial tribunals shall carry interest) shall apply with the necessary modifications in relation to an award of compensation under subsection (1)(b) as they apply in relation to a sum payable in pursuance of a decision of an industrial tribunal.F1F5
(8)The Judgments Enforcement (Northern Ireland) Order 1981 shall apply with the necessary modifications in relation to an award of compensation under subsection (1)(b) as it applies to a sum due under a money judgment (within the meaning of that Order).F1
(11)A statutory rule containing an order under subsection (6A) shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954 (meaning of ’’subject to negative resolution’’) shall apply as if the power to make the order were conferred by a Measure of the Northern Ireland Assembly.F1F7