ABSTRACT
The drafting of this power is seriously defective. First, it is limited to making a recommendation affecting the complainant. Those in a similar position are untouched. This utterly fails to grasp that discrimination, by its very nature, may very well occur more than once, in similar or not-so-similar situations. There is no power even to recommend that the employer revises its hiring or promotion procedure. It would be possible to give tribunals power to recommend that employers consult with and take advice from the appropriate Commission in order to avoid the recurrence of discriminatory practices. Moreover, a recommendation cannot be made if the employee has another job, where any action by the defendant can have no effect on that particular claimant. The claimant may even have used evidence of discrimination against others as part of the case, but still no recommendation affecting those others or those like them may be made.98 There is thus little scope for making recommendations in either recruitment or dismissal cases where the claimant either never has been, or is no longer, an employee of the defendant.99
