Source: XpertHR quick reference Date: 01-10-2010 Publisher: XpertHR

Compensation - discrimination and equal pay

TOPICS:
pay and benefits pay levels and awards
equal opportunities age
disability
race
religion
sex
sexual orientation
tribunal procedures and penalties


Employment tribunals may award compensation for unlawful discrimination and breach of equal pay requirements. The amounts payable and any limits that apply are set out below. 

SEX DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
Part II of the repealed Sex Discrimination Act 19752
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 65 of the Sex Discrimination Act 1975 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
RACE DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
Part II of the repealed Race Relations Act 19762
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 56 of the Race Relations Act 1976 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
DISABILITY DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
Part II of the repealed Disability Discrimination Act 19952
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 17A of the Disability Discrimination Act 1995 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
SEXUAL ORIENTATION DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
The repealed Employment Equality (Sexual Orientation) Regulations 20032
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Regulation 30 of the Employment Equality (Sexual Orientation) Regulations 2003 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
RELIGION OR BELIEF DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
The repealed Employment Equality (Religion or Belief) Regulations 20032
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Regulation 30 of the Employment Equality (Religion or Belief) Regulations 2003 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
AGE DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
The repealed Employment Equality (Age) Regulations 20062
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Regulation 38 of the Employment Equality (Age) Regulations 2006 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
MARRIAGE AND CIVIL PARTNERSHIP DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
Part II of the repealed Sex Discrimination Act 19752
Complaint Compensation payable under Amount payable Limits
Discrimination or victimisation (or failure to comply with tribunal recommendation) Section 65 of the Sex Discrimination Act 1975 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
PREGNANCY AND MATERNITY DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
Part II of the repealed Sex Discrimination Act 19752
Complaint Compensation payable under Amount payable Limits
Discrimination or victimisation (or failure to comply with tribunal recommendation) Section 65 of the Sex Discrimination Act 1975 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
GENDER REASSIGNMENT DISCRIMINATION
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 124 of the Equality Act 2010 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
Part II of the repealed Sex Discrimination Act 19752
Complaint Compensation payable under Amount payable Limits
Discrimination, harassment or victimisation (or failure to comply with tribunal recommendation) Section 65 of the Sex Discrimination Act 1975 Equivalent to damages for tort/breach of statutory duty, including injury to feelings No limits
EQUAL PAY
Equality Act 20101
Complaint Compensation payable under Amount payable Limits
Breach of equality clause Section 132 of the Equality Act 2010 Difference between claimant’s and comparator’s contractual terms In standard cases a six-year limitation period applies
The repealed Equal Pay Act 19702
Complaint Compensation payable under Amount payable Limits
Breach of equality clause Section 2 of the Equal Pay Act 1970 Difference between claimant’s and comparator’s contractual terms In standard cases a six-year limitation period applies

1Applicable to discriminatory acts committed on or after 1 October 2010 (or before 1 October and continuing thereafter). 
2Applicable to discriminatory acts committed wholly before 1 October 2010. 

Related quick reference items

Compensation - collective rights
Compensation - detrimental treatment
Compensation - discipline and grievance hearings
Compensation - dismissal
Compensation - fixed-term employees
Compensation - flexible working
Compensation - injury to feelings
Compensation - part-time workers
Compensation - pay and statutory payments
Compensation - suspension from work
Compensation - time off work

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