Planned repeal of the power to make wider recommendations

Before the EA 10 was enacted, tribunals were only able to make recommendations to benefit the claimant as opposed to the wider workforce. Most claimants leave their employment after bringing a discrimination claim, with the result that the useful power to make recommendations was rarely used. Because of this, it was extended by the EA 10 to allow tribunals to make recommendations to benefit the wider workforce, whether or not the claimant remains employed (section 124 EA 10).

Despite widespread opposition, the government is to repeal this power in its forthcoming Deregulation Bill. It argues that the power is under used and a “burden” on business. Wider recommendations have been made in around 12 cases so far. The demands imposed on employers have not been onerous. They include, for example, organising training courses for HR and line managers (Crisp v Iceland Foods Limited ET/1604478/11 and 1600000/12) and requiring an employer to redraft its equality procedures (Stone v Ramsay Health Care UK Operations Limited (ET/1400762/11).