Section 120 — Jurisdiction

(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, [F1 the county court], 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 [F2 references to section 40A(1) or] 60(1) [F3 or 60A(1)].

(9) [F4 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).]

Amendment notes

1. F1 Words 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. F2 Words 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. F3 Words 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. F4 S. 120(9) inserted (26.10.2024) by Worker Protection (Amendment of Equality Act 2010) Act 2023 (c. 51), ss. 2(b), 5(3)