(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]
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.