Disability Discrimination Act 1995 : Chapter 50.

  • Great Britain. Disability Discrimination Act 1995
Date:
[1995]
Catalogue details

Licence: Open Government Licence

Credit: Disability Discrimination Act 1995 : Chapter 50. Source: Wellcome Collection.

    12/86 page 8
    1978 c. 44. Validity of certain agreements. c. 50 Disability Discrimination Act 1995 (c) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates. (3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty. (4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. (5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— (a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or (b) make an order under subsection (2)(b). (6) Regulations may make provision— (a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and (b) specifying, for cases where a 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. (7) Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b). (8) Part Iof Schedule 3 makes further provision about the enforcement of this Part and about procedure. 9.—(1) Any term in a contract of employment or other agreement is void so far as it purports to— (a) require a person to do anything which would contravene any provision of, or made under, this Part; (b) exclude or limit the operation of any provision of this Part; or (c) prevent any person from presenting a complaint to an industrial tribunal under this Part. (2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if— (a) aconciliation officer has acted under paragraph 1 of Schedule 3 in relation to the matter; or
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