Power to make recommendations

As well as a power to award compensation, tribunals can make recommendations on how an employer should avoid discriminating again in the future.

Recommendations have included diversity training, monitoring and analysis of recruitment decisions, reviewing policies and ending discriminatory practices, circulating a tribunal judgment widely and engaging an external HR professional to review procedures (Lycee Francais Charles de Gaulle v Delambre [2011] UKEAT/0563/10/RN).

In Governing Body of St Andrews Catholic School v Blundell [2009] UKEAT/0330/09, the tribunal required the employer to write to all parents putting the record straight about a victimised teacher’s performance.

Failure to follow a recommendation will be taken into account by the tribunal in any future discrimination case against the employer and can lead to an increase in compensation.