LegalizeReform history
Equal Pay Act 1970 (repealed)
10 versions
· 1970-05-29
2011-05-20
Equal Pay Act 1970 (repealed)
2010-08-18
Equal Pay Act 1970 (repealed)
Changes on 2010-08-18
@@ -142,7 +142,7 @@
- (1A) Where a dispute arises in relation to the effect of an equality clause the employer may apply to an employment tribunal for an order declaring the rights of the employer and the employee in relation to the matter in question.
- (2) Where it appears to the Minister that there may be a question whether the employer of any women is or has been contravening a term modified or included by virtue of their equality clauses, but that it is not reasonable to expect them to take steps to have the question determined, the question may be referred by him as respects all or any of them to an employment tribunal and shall be dealt with as if the reference were of a claim by the women or woman against the employer.
- (2) Where it appears to the Secretary of State that there may be a question whether the employer of any women is or has been contravening a term modified or included by virtue of their equality clauses, but that it is not reasonable to expect them to take steps to have the question determined, the question may be referred by him as respects all or any of them to an employment tribunal and shall be dealt with as if the reference were of a claim by the women or woman against the employer.
- (3) Where it appears to the court in which any proceedings are pending that a claim or counterclaim in respect of the operation of an equality clause could more conveniently be disposed of separately by an employment tribunal, the court may direct that the claim or counterclaim shall be struck out; and (without prejudice to the foregoing) where in proceedings before any court a question arises as to the operation of an equality clause, the court may on the application of any party to the proceedings or otherwise refer that question, or direct it to be referred by a party to the proceedings, to an employment tribunal for determination by the tribunal, and may stay or sist the proceedings in the meantime.
@@ -180,11 +180,11 @@
##### 5
- (1) Where an agricultural wages order made before or after the commencement of this Act contains any provision applying specifically to men only or to women only, the order may be referred by the Minister to the Central Arbitration Committee to declare what amendments need to be made in the order, in accordance with the like rules as apply under section 3(4) above to the amendment under that section of a collective agreement, so as to remove that discrimination between men and women; and when the Central Arbitration Committee have declared the amendments needing to be so made, it shall be the duty of the Agricultural Wages Board, by a further agricultural wages order coming into operation not later than five months after the date of the Central Arbitration Committee’s decision, either to make those amendments in the order referred to the Central Arbitration Committee or otherwise to replace or amend that order so as to remove the discrimination.
- (1) Where an agricultural wages order made before or after the commencement of this Act contains any provision applying specifically to men only or to women only, the order may be referred by the Secretary of State to the Central Arbitration Committee to declare what amendments need to be made in the order, in accordance with the like rules as apply under section 3(4) above to the amendment under that section of a collective agreement, so as to remove that discrimination between men and women; and when the Central Arbitration Committee have declared the amendments needing to be so made, it shall be the duty of the Agricultural Wages Board, by a further agricultural wages order coming into operation not later than five months after the date of the Central Arbitration Committee’s decision, either to make those amendments in the order referred to the Central Arbitration Committee or otherwise to replace or amend that order so as to remove the discrimination.
- (2) Where the Agricultural Wages Board certify that the effect of an agricultural wages order is only to make such amendments of a previous order as have under this section been declared by the Central Arbitration Committee to be needed, or to make such amendments as aforesaid with minor modifications or modifications of limited application, or is only to revoke and reproduce with such amendments a previous order, then the Agricultural Wages Board may instead of complying with para-graphs 1 and 2 of Schedule 4, or in the case of Scotland paragraphs 1 and 2 of Schedule 3, to the Agricultural Wages Act give notice of the proposed order in such manner as appears to the Agricultural Wages Board expedient in the circumstances, and may make the order at any time after the expiration of seven days from the giving of the notice.
- (3) An agricultural wages order shall be referred to the Central Arbitration Committee under this section if the Minister is requested so to refer it either—
- (3) An agricultural wages order shall be referred to the Central Arbitration Committee under this section if the Secretary of State is requested so to refer it either—
- (a) by a body for the time being entitled to nominate for membership of the Agricultural Wages Board persons representing employers (or, if provision is made for any of the persons representing employers to be elected instead of nominated, then by a member or members representing employers); or
@@ -248,7 +248,7 @@
- (b) in the case of proceedings in Scotland, if she has not attained the age of sixteen years or is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000.
- (2B) In this Act “the Minister” means the Lord Privy Seal.
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) This Act shall not extend to Northern Ireland.
@@ -462,7 +462,7 @@
- (b) a person against whom the complainant may decide to make, or has made, a complaint under section 2(1) or 7A(3) above is referred to as “ *the respondent* ”.
- (2) With a view to helping a complainant to decide whether to institute proceedings and, if she does so, to formulate and present her case in the most effective manner, the Minister shall by order prescribe—
- (2) With a view to helping a complainant to decide whether to institute proceedings and, if she does so, to formulate and present her case in the most effective manner, the Secretary of State shall by order prescribe—
- (a) forms by which the complainant may question the respondent on any matter which is or may be relevant, and
@@ -472,23 +472,23 @@
- (4) If in any proceedings under section 2(1) or 7A(3) above it appears to the employment tribunal that the complainant has questioned the respondent (whether in accordance with an order under subsection (2) above or not) and that—
- (a) the respondent deliberately and without reasonable excuse omitted to reply within such period as the Minister may by order prescribe, or
- (a) the respondent deliberately and without reasonable excuse omitted to reply within such period as the Secretary of State may by order prescribe, or
- (b) the respondent’s reply is evasive or equivocal,
it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a term modified or included by virtue of the complainant’s equality clause or corresponding term of service.
- (5) Where the Minister questions an employer in relation to whom he may decide to make, or has made, a reference under section 2(2) above, the question and any reply by the employer shall, subject to the following provisions of this section, be admissible as evidence in any proceedings under that provision.
- (6) If in any proceedings on a reference under section 2(2) above it appears to the employment tribunal that the Minister has questioned the employer to whom the reference relates and that—
- (a) the employer deliberately and without reasonable excuse omitted to reply within such period as the Minister may by order prescribe, or
- (5) Where the Secretary of State questions an employer in relation to whom he may decide to make, or has made, a reference under section 2(2) above, the question and any reply by the employer shall, subject to the following provisions of this section, be admissible as evidence in any proceedings under that provision.
- (6) If in any proceedings on a reference under section 2(2) above it appears to the employment tribunal that the Secretary of State has questioned the employer to whom the reference relates and that—
- (a) the employer deliberately and without reasonable excuse omitted to reply within such period as the Secretary of State may by order prescribe, or
- (b) the employer’s reply is evasive or equivocal,
it may draw any inference which it considers it just and equitable to draw, including an inference that the employer has contravened a term modified or included by virtue of the equality clause of the woman, or women, as respects whom the reference is made.
- (7) The Minister may by order—
- (7) The Secretary of State may by order—
- (a) prescribe the period within which questions must be duly served in order to be admissible under subsection (3) or (5) above, and
@@ -666,18 +666,6 @@
[^key-76d75d9b02b8a6d4b81374fa85337b5f]: [Act](https://www.legislation.gov.uk/ukpga/1970/41) transfer of functions (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 3(2)(a)](https://www.legislation.gov.uk/uksi/2007/2914/article/3/2/a)
[^key-843da2e6af0879d667341996c1573862]: S. 11(2B) inserted (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 1(2)](https://www.legislation.gov.uk/uksi/2007/2914/article/1/2), [Sch. para. 2](https://www.legislation.gov.uk/uksi/2007/2914/schedule/paragraph/2)
[^key-2783bc34f8a1c66e4a63166ebac2022f]: Word in s. 2(2) substituted (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 1(2)](https://www.legislation.gov.uk/uksi/2007/2914/article/1/2), [Sch. para. 3(a)](https://www.legislation.gov.uk/uksi/2007/2914/schedule/paragraph/3/a)
[^key-86005305557740785b4a116bb21579f7]: Word in s. 5(1) substituted (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 1(2)](https://www.legislation.gov.uk/uksi/2007/2914/article/1/2), [Sch. para. 3(b)](https://www.legislation.gov.uk/uksi/2007/2914/schedule/paragraph/3/b)
[^key-34f8df929f73bed3128028c68a863f7f]: Word in s. 5(3) substituted (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 1(2)](https://www.legislation.gov.uk/uksi/2007/2914/article/1/2), [Sch. para. 3(b)](https://www.legislation.gov.uk/uksi/2007/2914/schedule/paragraph/3/b)
[^key-0b2de02e489b8b5df79b9b42e53dd62e]: Word in s. 7B(2) substituted (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 1(2)](https://www.legislation.gov.uk/uksi/2007/2914/article/1/2), [Sch. para. 3(c)](https://www.legislation.gov.uk/uksi/2007/2914/schedule/paragraph/3/c)
[^key-e85d06c5924e06bc182f74a7100fc926]: Word in ss. 7B(4)-(7) substituted (12.10.2007) by [Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914)](https://www.legislation.gov.uk/uksi/2007/2914), [art. 1(2)](https://www.legislation.gov.uk/uksi/2007/2914/article/1/2), [Sch. para. 3(c)](https://www.legislation.gov.uk/uksi/2007/2914/schedule/paragraph/3/c)
[^key-b39201a2917562c7c7cbb30da137f992]: Words in s. 7A(5)(a) substituted (1.1.2008) by [Armed Forces Act 2006 (c. 52)](https://www.legislation.gov.uk/ukpga/2006/52) , [s. 383(2)](https://www.legislation.gov.uk/ukpga/2006/52/section/383/2) , [Sch. 16 para. 54(2)(a)](https://www.legislation.gov.uk/ukpga/2006/52/schedule/16/paragraph/54/2/a) ; [S.I. 2007/2913](https://www.legislation.gov.uk/uksi/2007/2913) , [art. 3](https://www.legislation.gov.uk/uksi/2007/2913/article/3)
[^key-6fb8c149b2cdad00ca4a717154357b47]: Words in s. 7A(5)(b) substituted (1.1.2008) by [Armed Forces Act 2006 (c. 52)](https://www.legislation.gov.uk/ukpga/2006/52) , [s. 383(2)](https://www.legislation.gov.uk/ukpga/2006/52/section/383/2) , [Sch. 16 para. 54(2)(b)](https://www.legislation.gov.uk/ukpga/2006/52/schedule/16/paragraph/54/2/b) ; [S.I. 2007/2913](https://www.legislation.gov.uk/uksi/2007/2913) , [art. 3](https://www.legislation.gov.uk/uksi/2007/2913/article/3)
@@ -708,6 +696,20 @@
[^key-49670daae7f4e4111a7b751d729af16e]: S. 7AC modified (24.4.2009) by [The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)](https://www.legislation.gov.uk/uksi/2009/1059), [arts. 1(2)(b)](https://www.legislation.gov.uk/uksi/2009/1059/article/1/2/b), [196(1)(a)](https://www.legislation.gov.uk/uksi/2009/1059/article/196/1/a)
[^key-fd8d3a83ae994180464f791f8387a678]: [Act](https://www.legislation.gov.uk/ukpga/1970/41) transfer of functions (18.8.2010) by [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 3(1)(a)](https://www.legislation.gov.uk/uksi/2010/1839/article/3/1/a)
[^key-23f9081e7265f0f064fc5bf8e91bfc0d]: [S. 11(2B)](https://www.legislation.gov.uk/ukpga/1970/41/section/11/2B) omitted (18.8.2010) by virtue of [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/1839/article/1/2), [Sch. para. 1(3)](https://www.legislation.gov.uk/uksi/2010/1839/schedule/paragraph/1/3)
[^key-7af399b0f3c0901b2ca46bbdad2b21fb]: Words in [s. 2(2)](https://www.legislation.gov.uk/ukpga/1970/41/section/2/2) substituted (18.8.2010) by [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/1839/article/1/2), [Sch. para. 1(2)(a)](https://www.legislation.gov.uk/uksi/2010/1839/schedule/paragraph/1/2/a)
[^key-7602655ddae24e52a811a8884e4c58b6]: Words in [s. 5(1)](https://www.legislation.gov.uk/ukpga/1970/41/section/5/1) substituted (18.8.2010) by [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/1839/article/1/2), [Sch. para. 1(2)(b)](https://www.legislation.gov.uk/uksi/2010/1839/schedule/paragraph/1/2/b)
[^key-f3cdf3ab30197739b04168c8cd027e28]: Words in [s. 5(3)](https://www.legislation.gov.uk/ukpga/1970/41/section/5/3) substituted (18.8.2010) by [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/1839/article/1/2), [Sch. para. 1(2)(b)](https://www.legislation.gov.uk/uksi/2010/1839/schedule/paragraph/1/2/b)
[^key-d10c7b289b471a631d93d2db54947b84]: Words in [s. 7B(2)](https://www.legislation.gov.uk/ukpga/1970/41/section/7B/2) substituted (18.8.2010) by [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/1839/article/1/2), [Sch. para. 1(2)(c)](https://www.legislation.gov.uk/uksi/2010/1839/schedule/paragraph/1/2/c)
[^key-26366783d41220638e417c0e589e0321]: Words in [ss. 7B(4)-(7)](https://www.legislation.gov.uk/ukpga/1970/41/section/7B/4) substituted (18.8.2010) by [Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839)](https://www.legislation.gov.uk/uksi/2010/1839), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/1839/article/1/2), [Sch. para. 1(2)(c)](https://www.legislation.gov.uk/uksi/2010/1839/schedule/paragraph/1/2/c)
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Service pay and conditions.
@@ -718,7 +720,7 @@
#### “Arrears date” in proceedings in England and Wales under section 2(5)
#### “Qualifying date” under section 2(4)
#### Procedure before tribunal in certain cases.
#### “Qualifying date” under section 7A(8)
@@ -764,7 +766,7 @@
#### Determination of “period” in proceedings in Scotland under section 2(5)
#### Agricultural wages orders.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Service pay and conditions.
@@ -785,3 +787,5 @@
#### Questioning of employer
#### Service pay.
#### Service pay.
2009-04-24
Equal Pay Act 1970 (repealed)
2008-01-01
Equal Pay Act 1970 (repealed)
2007-10-12
Equal Pay Act 1970 (repealed)
2005-10-01
Equal Pay Act 1970 (repealed)
2005-08-10
Equal Pay Act 1970 (repealed)
2004-10-01
Equal Pay Act 1970 (repealed)
2003-07-19
Equal Pay Act 1970 (repealed)
1970-05-29
Equal Pay Act 1970 (repealed)
original version
Text at this date