Equality Act 2010, section 119

Remedies

Part 9 Enforcement

(1)This section applies if [F117the county courtF117] or the sheriff finds that there has been a contravention of a provision referred to in section 114(1).

(2)The county court has power to grant any remedy which could be granted by the High Court—

(a)in proceedings in tort;

(b)on a claim for judicial review.

(3)The sheriff has power to make any order which could be made by the Court of Session—

(a)in proceedings for reparation;

(b)on a petition for judicial review.

(4)An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).

(5)Subsection (6) applies if the county court or sheriff—

(a)finds that a contravention of a provision referred to in section 114(1) is established by virtue of section 19 [F118or 19AF118] , but

(b)is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the claimant or pursuer.

(6)The county court or sheriff must not make an award of damages unless it first considers whether to make any other disposal.

(7)The county court or sheriff must not grant a remedy other than an award of damages or the making of a declaration unless satisfied that no criminal matter would be prejudiced by doing so.

Definitions used in section 119 2

disposal

(12) In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d), “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is—

(a) the entirety of the organisation's interest in the premises, or

(b) the entirety of the interest in respect of which the organisation has power of disposal.

Defined in Sch.23 para.2(12) · see it in the full Act
Criminal matter

(9) “Criminal matter” means—

(a)an investigation into the commission of an alleged offence;

(b)a decision whether to commence criminal proceedings;

(c)criminal proceedings.

Defined in s.141(9) · see it in the full Act

Cases considering section 119 39

Nicholas Eckland v Chief Constable of the Avon and Somerset Constabulary

[2021] EWCA Civ 1961 · 7 January 2022

The court used section 119(2) to identify the County Court’s remedial powers and contrasted them with the Employment Tribunal’s powers under section 124. (see para [39]) The County Court’s power to grant remedies available in tort was part of the comparison of remedial powers for the equivalence analysis. (see para [39]) The County Court’s power to grant remedies available on judicial review was part of the comparison with the Employment Tribunal’s remedial powers. (see para [39])

KJ v British Council

[2026] EAT 46 · 25 March 2026

Applied with section 124 to assess compensation for discrimination on the tortious counterfactual: the tribunal must consider the position if none of the discriminatory wrongs occurred. The flawed deduction could not stand. (see paras [40]-[44]; [54])

Matthew Smith & Anor v Manchester City Council

[2025] EWHC 2987 (KB) · 18 November 2025

Confirms the remedies available in the civil courts. Permission was granted to substitute section 119 for section 124 and delete the recommendation claim. (see paras [96]-[100])

19 more judgments, and what each says about section 119, are in the case-law panel in the full Act.

Explanatory note

389.This section gives powers to county and sheriff courts hearing claims under the Act to grant any remedy that the High Court or Court of Session in Scotland can grant in proceedings in tort or in a claim for judicial review. The main remedies available are damages (including compensation for injuries to feelings), an injunction and a declaration. In cases based on indirect discrimination, if the respondent proves that he or she did not intend to treat the claimant unfavourably then the award of damages cannot be considered until a court has looked at the other remedies available to it.

390.A court cannot grant some remedies, such as an injunction, if doing so would prejudice a criminal investigation or proceedings.

391.This provision is designed to replicate the effect of provisions in the previous legislation.

All the explanatory notes for the Act

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F117Words in s. 119(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  2. F118Words in s. 119(5)(a) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 3(5)

Commencement

  1. I39S. 119 wholly in force; s. 119 not in force at Royal Assent see s. 216; s. 119 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)