The Equal Pay Act 1970 (Amendment) Regulations 2003

Amendments to the time limits under section 2 of the Act

3.—(1) Section 2 of the Act (disputes as to, and enforcement of, requirement of equal treatment) is amended as follows.

(2) For subsection (4) substitute—

“(4) No determination may be made by an employment tribunal in the following proceedings—

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

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

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

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

(3) For subsection (5) substitute—

“(5) A woman shall not be entitled, in proceedings brought in respect of a contravention of a term modified or included by virtue of an equality clause (including proceedings before an employment tribunal), to be awarded any payment by way of arrears of remuneration or damages—

(a) in proceedings in England and Wales, in respect of a time earlier than the arrears date (determined in accordance with section 2ZB below), and

(b) in proceedings in Scotland, in respect of a time before the period determined in accordance with section 2ZC below.”