Search Legislation

Equal Pay Act (Northern Ireland) 1970

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

More Resources

Changes over time for: Section 2

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Equal Pay Act (Northern Ireland) 1970, Section 2. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2Disputes as to, and enforcement of, requirement of equal treatment.N.I.

F1[(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 industrial tribunal.]

F2[(1A)Where a dispute arises in relation to the effect of an equality clause the employer may apply to an industrial tribunal for an order declaring the rights of the employer and the employee in relation to the matter in question.]

(2)Where it appears to the Ministry of Health and Social Services (in this Act referred to as “the Ministry” ) that there may be a question whether the employer of any women is or has been [F1 contravening a term modified or included by virtue of their equality clauses], but that it is not reasonable to expect them to take steps to have the question determined, the question may be referred by the Department [F2 as respects all or any of them] to an industrial tribunal and shall be dealt with as if the reference were of a claim by the women [F2 or woman] against the employer.

(3)Where it appears to the court in which any proceedings are pending that a claim or counter-claim in respect of the operation of an [F1 equality clause] could more conveniently be disposed of separately by an industrial tribunal, the court may direct that the claim or counter-claim shall be struck out; and (without prejudice to the foregoing) where in proceedings before any court a question arises as to the operation of an [F1 equality clause], the court may on the application of any party to the proceedings or otherwise refer that question, or direct it to be referred by a party to the proceedings, to an industrial tribunal for determination by the tribunal, and may stay the proceedings in the meantime.

[F3(4)A determination shall not be made by an industrial tribunal in the following proceedings, that is to say—

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

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

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

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

[F3(5)A woman shall not be entitled, in proceedings (including proceedings before an industrial tribunal) brought in respect of a contravention of a term modified or included by virtue of an equality clause, to be awarded any payment by way of arrears of remuneration or damages in respect of a time earlier than the arrears date (determined in accordance with section 2ZB).]

[F4(5A)In this section “employer”, in relation to the holder of an office or post to which section 1 above applies by virtue of subsection (7A) of that section, shall be construed in accordance with that subsection.]

  • Subs.(6) rep. by 1976 NI 15

  • Subs.(7) rep. by 1984 NI 9

F3SR 2004/171

F4SR 2005/426

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.