Equality Act 2010, section 120

Jurisdiction

Part 9 Enforcement

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, [F119the county courtF119] , the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include [F120references to section 40A(1) orF120] 60(1) [F121or 60A(1)F121] .

[F122 (9)Subsection (8) does not prevent an employment tribunal from considering a contravention of section 40A(1) in accordance with section 124A (compensation uplift in employee sexual harassment cases).F122]

Definitions used in section 120 6

employment

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

Defined in s.212(1) · see it in the full Act
non-discrimination rule

“non-discrimination rule” has the meaning given in section 61;

Defined in s.212(1) · see it in the full Act
trustees or managers

(11) “Employer”, “deferred member”, “pension credit member”, “pensionable service”, “pensioner member” and “trustees or managers” each have, in relation to an occupational pension scheme, the meaning given by section 124 of the Pensions Act 1995 .

Defined in s.212(11) · see it in the full Act
occupational pension scheme

“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 ;

Defined in s.212(1) · see it in the full Act
Member

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act
enactment

“enactment” means an enactment contained in—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

an Act or Measure of the National Assembly for Wales, or

(d)

subordinate legislation;

Defined in s.212(1) · see it in the full Act

Cases considering section 120 49

Anwar v The Advocate General for Scotland

[2021] UKSC 44 · 13 October 2021Interprets

The employment tribunal has jurisdiction to determine complaints concerning contraventions of Part 5. Its jurisdiction over the merits does not prevent a court from entertaining a separate ancillary action for security (see paras [13]; [35]-[40]).

Michalak v General Medical Council and others

[2017] UKSC 71 · 1 November 2017Interprets

The provision confers Employment Tribunal jurisdiction over complaints relating to a person’s work, subject to the exclusion in section 120(7) (see para [8]). The exclusion applies only where the act may, by virtue of an enactment, be challenged by an appeal or appeal-like proceeding. Judicial review satisfies neither requirement, so it does not exclude Employment Tribunal jurisdiction (see paras [13]; [20]-[36]).

P v Commissioner of Police of the Metropolis

[2017] UKSC 65 · 25 October 2017

Confers Employment Tribunal jurisdiction over Part 5 complaints and, read with section 42(1), gives police constables a forum for challenging employment discrimination by the relevant policing bodies. (see paras [14]; [31])

29 more judgments, and what each says about section 120, are in the case-law panel in the full Act.

Explanatory note

392.This section sets out what types of claims under the Act the employment tribunals have jurisdiction to hear. These are cases involving discrimination in a work context (which includes contract workers, partners, office-holders and barristers and advocates). Their jurisdiction also includes cases about the terms of collective agreements (which can cover any of the terms of employment) and rules of undertakings which are unenforceable under section 145 because they provide for treatment which is prohibited by the Act. This is made clear in section 145 of the Act.

393.It also gives jurisdiction to employment tribunals to hear complaints relating to breaches of a non-discrimination rule. Jurisdiction for hearing a complaint regarding a breach of an equality clause or an equality rule is set out in section 127. An employment tribunal can also make a ruling on an application made by a responsible person in relation to an occupational pension scheme (as defined in section 61(4)) for a declaration about his or her rights and those of a worker or member or prospective member of the scheme.

394.This section is designed to replicate the effect of provisions in the previous legislation.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F119Words in s. 120(6) 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. F120Words in s. 120(8) substituted (26.10.2024) by Worker Protection (Amendment of Equality Act 2010) Act 2023 (c. 51), ss. 2(a), 5(3)
  3. F121Words in s. 120(8) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(5)
  4. F122S. 120(9) inserted (26.10.2024) by Worker Protection (Amendment of Equality Act 2010) Act 2023 (c. 51), ss. 2(b), 5(3)

Commencement

  1. I40S. 120 wholly in force; s. 120 not in force at Royal Assent see s. 216; s. 120 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)