Enforcing the law

Injunctive relief can also be obtained. Compensation awards vary across the grounds, and from context to context. The average, median and maximum awards made by employment tribunals across the various grounds are set out in the table immediately below. No figures are available from county courts which enforce the non employment-related provisions of the legislation. Various conciliation or arbitration procedures are also available.

Employment tribunal awards 2009-2010[1]

In the UK, there are no restrictions under the normal rules of civil procedure on any organisation offering support to complainants in discrimination cases. Some trade unions, the equality commissions and some specialised NGOs employ qualified lawyers and therefore can and do offer full support to complainants.

However, such organisations cannot usually initiate a compliant, except that the equality commissions can bring a case where instructions to discriminate or unlawful advertising is concerned. Anti-discrimination cases are quite common, and attract considerable publicity. However, complainants can suffer from a lack of available skilled advice, assistance and representation in discrimination cases.

Remedies are in general reasonably dissuasive, although the inability of courts and tribunals to order wider remedial measures to be adopted by discriminating organisations is a real problem. The Equality Act 2010 has extended the powers of courts and tribunals to make recommendations for wider remedial action, though such recommendations will remain non-binding.

All of the relevant UK legislation makes provision for shift of the burden of proof in relation to each of the grounds of discrimination and to all of the activities considered to be within the scope of the Directives.