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Equal Pay Act (Northern Ireland) 1970

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2Disputes as to, and enforcement of, requirement of equal treatment.N.I.

F1[(1)Any claim in respect of the contravention of a term modified or included by virtue of an equality clause, including a claim for arrears of remuneration or damages in respect of the contravention, may be presented by way of a complaint to an industrial tribunal.]

F2[(1A)Where a dispute arises in relation to the effect of an equality clause the employer may apply to an industrial 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 Ministry of Health and Social Services (in this Act referred to as “the Ministry” ) that there may be a question whether the employer of any women is or has been [F1 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 the Department [F2 as respects all or any of them] to an industrial tribunal and shall be dealt with as if the reference were of a claim by the women [F2 or woman] against the employer.

(3)Where it appears to the court in which any proceedings are pending that a claim or counter-claim in respect of the operation of an [F1 equality clause] could more conveniently be disposed of separately by an industrial tribunal, the court may direct that the claim or counter-claim 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 [F1 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 industrial tribunal for determination by the tribunal, and may stay the proceedings in the meantime.

[F3(4)A determination shall not be made by an industrial tribunal in the following proceedings, that is to say—

(a)on a complaint under subsection (1),

(b)on an application under subsection (1A), or

(c)on a reference under subsection (2),

unless the proceedings are instituted on or before the qualifying date (determined in accordance with section 2ZA).]

[F3(5)A woman shall not be entitled, in proceedings (including proceedings before an industrial tribunal) brought in respect of a contravention of a term modified or included by virtue of an equality clause, to be awarded any payment by way of arrears of remuneration or damages in respect of a time earlier than the arrears date (determined in accordance with section 2ZB).]

[F4(5A)In this section “employer”, in relation to the holder of an office or post to which section 1 above applies by virtue of subsection (7A) of that section, shall be construed in accordance with that subsection.]

  • Subs.(6) rep. by 1976 NI 15

  • Subs.(7) rep. by 1984 NI 9

F3SR 2004/171

F4SR 2005/426

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