Recommendations

As well as awarding compensation (see below), tribunals can make recommendations to avoid future discrimination. Examples include requiring an employer to organise diversity training, carry out monitoring and analysis of recruitment decisions, revise policies, circulate a tribunal judgment widely and even write to all parents to set the record straight about the performance of a victimised teacher (Governing Body of St Andrews Catholic School v Blundell [2009] UKEAT 030/09).

An employer’s failure to follow a recommendation can be taken into account by a tribunal in any future discrimination claim and can lead to an increase in compensation.

The EA 10 originally included a power to make “wider recommendations” to benefit not just the claimant but other workers (section 124, EA 10). This power was repealed in 2015 as a “burden on business”, despite widespread opposition.