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The Equality Act 2010 (Equal Pay Audits) Regulations 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Equality Act 2010 (Equal Pay Audits) Regulations 2014 No. 2559

Circumstances in which an audit must not be ordered

This section has no associated Explanatory Memorandum

3.—(1) A tribunal must not order the respondent to carry out an audit where it considers that—

(a)the information which would be required to be included in the audit under regulation 6 were the tribunal to make an order, is already available from an audit which has been completed by the respondent in the previous 3 years;

(b)it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing;

(c)the breach which the tribunal has found gives no reason to think that there may be other breaches; or

(d)the disadvantages of an audit would outweigh its benefits.

(2) In paragraph (1), “previous 3 years” means the 3 years preceding the date on which the tribunal issues a judgment, orally or in writing, stating that there has been an equal pay breach.

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