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Equal Pay Act (Northern Ireland) 1970

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[F12ZB“Arrears date” in proceedings under section 2(5)N.I.

(1)This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of remuneration or damages in proceedings in respect of a woman's employment, for the purposes of section 2(5).

(2)In this section—

“concealment case” means a case where—

(a)the employer deliberately concealed from the woman any fact—

(i)which is relevant to the contravention to which the proceedings relate, and

(ii)without knowledge of which the woman could not reasonably have been expected to institute the proceedings, and

(b)the woman instituted the proceedings within six years of the day on which she discovered the fact (or could with reasonable diligence have discovered it);

“disability case” means a case where—

(a)the woman was under a disability at the time of the contravention to which the proceedings relate, and

(b)the woman instituted the proceedings within six years of the day on which she ceased to be under a disability;

“standard case” means a case which is not—

(a)a concealment case,

(b)a disability case, or


(3)In a standard case, the arrears date is the date falling six years before the day on which the proceedings were instituted.

(4)In a case which is a concealment or a disability case or both, the arrears date is the date of the contravention.]

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F1SR 2004/171

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