Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005

Amendments to Equal Pay Act (Northern Ireland) 1970: pregnancy and maternity leave

32.—(1) The 1970 Act is amended as follows.

(2) In section 1(2)(1) (meaning of “equality clause”), after paragraph (c) insert—

“(d) where—

(i) any term of the woman’s contract regulating maternity-related pay provides for any of her maternity-related pay to be calculated by reference to her pay at a particular time,

(ii) after that time (but before the end of the statutory maternity leave period) her pay is increased, or would have increased had she not been on statutory maternity leave, and

(iii) the maternity-related pay is neither what her pay would have been had she not been on statutory maternity leave nor the difference between what her pay would have been had she not been on statutory maternity leave and any statutory maternity pay to which she is entitled,

if (apart from the equality clause) the terms of the woman’s contract do not provide for the increase to be taken into account for the purpose of calculating the maternity-related pay, the term mentioned in sub-paragraph (i) above shall be treated as so modified as to provide for the increase to be taken into account for that purpose;

(e) if (apart from the equality clause) the terms of the woman’s contract as to—

(i) pay (including pay by way of bonus) in respect of times before she begins to be on statutory maternity leave,

(ii) pay by way of bonus in respect of times when she is absent from work in consequence of the prohibition in Article 104(1) of the Employment Rights (Northern Ireland) Order 1996(2) (compulsory maternity leave), or

(iii) pay by way of bonus in respect of times after she returns to work following her having been on statutory maternity leave,

do not provide for such pay to be paid when it would be paid but for her having time off on statutory maternity leave, the woman’s contract shall be treated as including a term providing for such pay to be paid when ordinarily it would be paid;

(f) if (apart from the equality clause) the terms of the woman’s contract regulating her pay after returning to work following her having been on statutory maternity leave provide for any of that pay to be calculated without taking into account any amount by which her pay would have increased had she not been on statutory maternity leave, the woman’s contract shall be treated as including a term providing for the increase to be taken into account in calculating that pay.”.

(3) In section 1(3), for “An equality clause shall not” substitute “An equality clause falling within subsection (2)(a), (b) or (c) shall not”.

(4) In section 1, after subsection (5) insert—

“(5A) For the purposes of subsection (2)(d) to (f)—

(a) “maternity-related pay”, in relation to a woman, means pay (including pay by way of bonus) to which she is entitled as a result of being pregnant or in respect of times when she is on statutory maternity leave, except that it does not include any statutory maternity pay to which she is entitled;

(b) “statutory maternity leave period”, in relation to a woman, means the period during which she is on statutory maternity leave;

(c) an increase in an amount is taken into account in a calculation if in the calculation the amount as increased is substituted for the unincreased amount.

(5B) For the purposes of subsections (2)(d) to (f) and (5A), “on statutory maternity leave” means absent from work—

(a) in exercise of the right conferred by Article 103(1) or 105(1) of the Employment Rights (Northern Ireland) Order 1996 (ordinary or additional maternity leave), or

(b) in consequence of the prohibition in Article 104(1) of that Order (compulsory maternity leave).”.

(5) In section 6, after subsection (1) insert—

“(1AA) Subsection (1)(b) does not affect the operation of an equality clause falling within section 1(2)(d), (e) or (f).”.

(1)

Section 1 was amended by regulation 2(1) of the Equal Pay (Amendment) Regulations (Northern Ireland) 1984 (S.R. 1984 No. 16)

(2)

S.I. 1996/1919 (N.I. 16); Part IX was substituted by Article 9 of and Schedule 4, Part 1 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9))