Amendments to the time limits under section 2 of the Act
5. After section 2ZA of the Act (inserted by regulation 4) insert—
““Arrears date” in proceedings in England and Wales under section 2(5)
2ZB.—(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 England and Wales in respect of a woman’s employment, for the purposes of section 2(5)(a) above.
(2) In this section—
“concealment case” means a case where—
the employer deliberately concealed from the woman any fact—
which is relevant to the contravention to which the proceedings relate, and
without knowledge of which the woman could not reasonably have been expected to institute the proceedings, and
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—
the woman was under a disability at the time of the contravention to which the proceedings relate, and
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 concealment case,
a disability case, or
both.
(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.
Determination of “period” in proceedings in Scotland under section 2(5)
2ZC.—(1) This section applies, in relation to an award of any payment by way of arrears of remuneration or damages in proceedings in Scotland in respect of a woman’s employment, for the purpose of determining the period mentioned in section 2(5)(b) above.
(2) Subject to subsection (3) below, that period is the period of five years which ends on the day on which the proceedings were instituted, except that the five years shall not be regarded as running during—
(a)any time when the woman was induced, by reason of fraud on the part of, or error induced by the words or conduct of, the employer or any person acting on his behalf, to refrain from commencing proceedings (not being a time after she could with reasonable diligence have discovered the fraud or error), or
(b)any time when she was under a disability.
(3) If, after regard is had to the exceptions in subsection (2) above, that period would include any time more than twenty years before the day mentioned in that subsection, that period is instead the period of twenty years which ends on that day.”