(1)This section applies where compensation falls to be awarded in respect of any act both under—
(a)the provisions of this Act relating to unfair dismissal, and
(b)the Equality Act 2010.
(2)An employment tribunal shall not award compensation under either of those Acts in respect of any loss or other matter which is or has been taken into account under the other by the tribunal (or another employment tribunal ) in awarding compensation on the same or another complaint in respect of that act.
Cases considering section 126 3
[2025] EAT 181 · 10 December 2025
The court identified section 126 as a provision that may affect the tribunal's calculation of a basic award, reinforcing that its amount cannot be fixed without an award. (see para [71])
[2022] EAT 18 · 13 July 2021Limits
The provision prevented double recovery for the same loss under the unfair-dismissal and discrimination causes of action. The allocation of the pleaded loss between those claims made no difference to the appeal. (see para [38])
[2013] UKEAT 0616_12_3107 · 31 July 2013
Applied as part of the statutory prohibition on duplicate compensation where the same dismissal is both unfair dismissal and Equality Act victimisation.
Applied to indicate that reducing unfair-dismissal compensation may require reconsideration of Equality Act heads of compensation so that the same financial loss is not compensated twice.
What each judgment says about section 126 is in the case-law panel in the full Act.