Section 126 — Remedies: occupational pension schemes
This version in force from 2010-10-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1) in relation to—
(a) the terms on which persons become members of an occupational pension scheme, or
(b) the terms on which members of an occupational pension scheme are treated.
(2) In addition to anything which may be done by the tribunal under section 124 the tribunal may also by order declare—
(a) if the complaint relates to the terms on which persons become members of a scheme, that the complainant has a right to be admitted to the scheme;
(b) if the complaint relates to the terms on which members of the scheme are treated, that the complainant has a right to membership of the scheme without discrimination.
(3) The tribunal may not make an order under subsection (2)(b) of section 124 unless—
(a) the compensation is for injured feelings, or
(b) the order is made by virtue of subsection (7) of that section.
(4) An order under subsection (2)—
(a) may make provision as to the terms on which or the capacity in which the claimant is to enjoy the admission or membership;
(b) may have effect in relation to a period before the order is made.