Remedies

The EA 10 contains a range of remedies: declarations, compensation and recommendations (section 124, EA 10).

Compensation can be unlimited, although typical awards are much lower than tabloid headlines suggest. Awards can include compensation for lost earnings and for injury to feelings.

A recommendation is a requirement for the employer to do something specific within a certain time-frame to reduce or remove the effect of discrimination on the claimant. Where appropriate, a recommendation can include reinstatement of someone who lost their job due to unlawful discrimination. Compensation can be increased if an employer unreasonably fails to comply with a recommendation.

The EA 10 originally included a power to make wider recommendations to benefit not just the claimant but also other workers (section 124(3), EA 10). This power was repealed in October 2015, despite widespread opposition.

Remedies are looked at in more detail in Chapter 18.