Employment tribunal equality claims

This subtopic covers issues arising in relation claims for prohibited conduct (discrimination, harassment and victimisation) claims and equal pay (equality of terms) under the Equality Act 2010 (EqA 2010)

Territorial extent and scope of the Equality Act 2010

The provisions of an Act of Parliament will have:

•
territorial extent—this is the area within which those provisions are law, and
•
territorial application—this means the persons and matters in relation to which the provisions operate

EqA 2010 declares its territorial extent expressly, clearly and unequivocally, but is silent as to its territorial application or scope.

The Explanatory Notes to EqA 2010 say as follows:

'As far as territorial application is concerned, in relation to Part 5 (work) and following the precedent of the Employment Rights Act 1996, the Act leaves it to tribunals to determine whether the law applies, depending for example on the connection between the employment relationship and Great Britain.'

The reference in those notes to the 'precedent of the Employment Rights Act 1996' is to the development of the case law following the repeal of section 196

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