Planned repeal of the power to make wider recommendations

Before the EA 10, tribunals were only allowed to make recommendations that benefited the claimant. They could not make recommendations to benefit the wider workforce where the claimant would not benefit. In practice most claimants leave their employment after bringing a discrimination claim, and as a result the power to make recommendations was rarely used. To remedy this, the EA 10 changed the law to allow tribunals to make wider recommendations to benefit the whole workforce (section 124 EA 10).

Despite widespread opposition, the last government enacted legislation to repeal the power to make wider recommendations in section 2 of the Deregulation Act 2015, arguing that the power was a burden on business. In reality, where tribunals used the power, the recommendations made were reasonable and sensible. Examples included organising training courses for HR and line managers, or redrafting inadequate equality procedures. The power is to be abolished on 1 October 2015.