Employment Act (Northern Ireland) 2016

Equal Pay Act (Northern Ireland) 1970 (c. 32)

1.  In section 2ZA (“qualifying date” under section 2(4)), in subsections (3) to (6), for “section ZAA” substitute “sections 2ZAA and 2ZAB”.

2.  After section 2ZAA insert—

“2ZAB.    Extension of time limits to facilitate conciliation before institution of proceedings

(1) This section applies for the purpose of determining the qualifying date under section 2ZA in relation to proceedings on a complaint under section 2(1) which are relevant proceedings within the meaning of Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996.

But it does not apply in relation to a dispute that is (or to so much of a dispute that is) a relevant cross-border dispute within the meaning of section 2ZAA.

(2) In this section—

(a) Day A is the day on which the complainant concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.

(3) In determining the qualifying date under section 2ZA, the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If the qualifying date would (if not extended by this subsection) fall during the period beginning with Day A and ending one month after Day B, the qualifying date falls instead at the end of that period.”.