2(1)The following is substituted for section 2(1)—E+W+S
“(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 [F1employment tribunal].”
(2)After section 2(1) there is inserted—
“(1A)Where a dispute arises in relation to the effect of an equality clause the employer may apply to an [F1employment tribunal] for an order declaring the rights of the employer and the employee in relation to the matter in question.”
(3)In section 2(2)—
(a)for “failing to comply with their equal pay clauses” there is substituted “contravening a term modified or included by virtue of their equality clauses”, and
(b)after “the question may be referred by him” there is inserted “as respects all or any of them”, and
(c)after “claim by the women” there is inserted “or woman”.
(4)Section 2(6) is repealed.
(5)In section 2(7), the words “and there shall be paid” onwards are repealed.
Textual Amendments
F1Words in Sch. 1 Pt. I para. 2(1)(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)
Modifications etc. (not altering text)
C1The text of ss. 8(1)(6), 18(2), 21(2), Sch. 1 Pt. I paras. 1–5, 6(1), Sch. 1 Pt. II, Sch. 3 para. 16(1)(2), Sch. 5 para. 1 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.