If an employment tribunal finds in favour of an aggrieved employee, can it make a non-compensatory award in a discrimination case?
Although an employment tribunal will usually award compensation to an employee who has succeeded in a complaint of discrimination, in theory it also has the authority to make a declaration or recommendation. A declaration is an order declaring the rights of the parties in relation to the complaint. A recommendation may advise the employer to take reasonable steps to correct or reduce the adverse effect of the discrimination on the claimant within a specified period of time. Recommendations cannot be made in equality of terms cases.