Equality Act 2010, section 132

Remedies in non-pensions cases

Part 9 Enforcement

(1)This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.

(2)If the court or tribunal finds that there has been a breach of the equality clause, it may—

(a)make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b)order an award by way of arrears of pay or damages in relation to the complainant.

(3)The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.

(4)In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

Case Arrears day
A standard case The day falling 6 years before the day on which the proceedings were instituted.
A concealment case or an incapacity case (or a case which is both). The day on which the breach first occurred.

(5)In relation to proceedings in Scotland, the arrears day is the first day of—

(a)the period of 5 years ending with the day on which the proceedings were commenced, or

(b)if the case involves a relevant incapacity, or a relevant fraud or error, [F149the period determined in accordance with section 135(6) and (7)F149] .

Definitions used in section 132 3

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
equality clause

“equality clause” means a sex equality clause or maternity equality clause;

Defined in s.212(1) · 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

Cases considering section 132 8

Butt & Ors v Reading Borough Council

[2020] EWCA Civ 1642 · 22 October 2020

Confirms that six years was the relevant limitation period. The court nevertheless held that this did not determine the objectively construed temporal scope of the claims (see paras [14]; [21]).

ASDA Stores Ltd v Brierley & Ors

[2016] EWCA Civ 566 · 22 June 2016

Applies the six-year limit on arrears to explain the prejudice that could result if claimants were forced to start later High Court proceedings. The limitation consequence reinforced the conclusion that Rule 29 could not be used for the proposed transfer. (see para [22])

Butt & Ors v Reading Borough Council

[2019] UKEAT 0040_19_0410 · 4 October 2019

The reference in the claim forms to the preceding six years was consistent with the arrears period under this provision and supported the conclusion that the claims included the period before 1 May 2011. (see paras [38]; [41])

3 more judgments, and what each says about section 132, are in the case-law panel in the full Act.

Explanatory note

432.If a claim for breach of an equality clause (other than in relation to a pension scheme) succeeds, the court or employment tribunal can make a declaration clarifying what the rights of the parties to the claim are.

433.The court or tribunal can also order the employer to pay the claimant arrears of pay or damages. The period used for calculating arrears depends on the type of case. There are different periods for claims brought in England and Wales and in Scotland. The basic period in relation to England and Wales is six years from the date a claim is made. In relation to Scotland, the period is five years. Special provision is made for claims involving concealment and/or incapacity (as set out in section 135).

434.This provision replaces similar provisions in previous legislation.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F149Words in s. 132(5)(b) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 6

Commencement

  1. I52S. 132 wholly in force; s. 132 not in force at Royal Assent see s. 216; s. 132 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)