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Change 1
As published
124 Remedies: general
(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1).
(2) The tribunal may—
(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;
(b) order the respondent to pay compensation to the complainant;
(c) make an appropriate recommendation.
(3) An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for the purpose of obviating or reducing the adverse effecton the complainant of any matter to which the proceedings relate—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (5) applies if the tribunal—
(a) finds that a contravention is established by virtue of section 19 or 19A, but
(b) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant.
(5) It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c).
(6) The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be awarded by the county court or the sheriff under section 119.
(7) If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation..., the tribunal may—
(a) if an order was made under subsection (2)(b), increase the amount of compensation to be paid;
(b) if no such order was made, make one.
Your change, as a redline
124 Remedies: general
(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1).
(2) The tribunal may—
(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;
(b) order the respondent to pay compensation to the complainant;
(c) make an appropriate recommendation.
(3) An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for the purpose of obviating or reducing the adverse effecton the complainant of any matter to which the proceedings relate—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (5) applies if the tribunal—
(a) finds that a contravention is established by virtue of section 19 or 19A, but
(b) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant.
(5) It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c).
(6) The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be awarded by the county court or the sheriff under section 119.
(7) If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation..., the tribunal may—
(a) if an order was made under subsection (2)(b), increase the amount of compensation to be paid;
(b) if no such order was made, make one.
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