LRD guides and handbook June 2014

Law at Work 2014

Chapter 6

Power to make recommendations

[ch 6: page 204]

As well as a power to award compensation, tribunals have a wide power to make recommendations on how an employer should avoid discriminating again in the future. Recommendations have included requiring a letter to be sent to all parents putting the record straight about a victimised teacher’s performance (Governing Body of St Andrews Catholic School v Blundell UKEAT/0330/09), that employees undergo equality training, that a tribunal judgment is widely circulated, or that a qualified HR professional is engaged to review the employer’s procedures (Lycee Francais Charles de Gaulle v Delambre [2011] UKEAT/0563/10/RN),

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