Equal Pay Act 1970 (repealed)

Equal Pay Act 1970

1970 CHAPTER 41

An Act to prevent discrimination, as regards terms and conditions of employment, between men and women.

[29th May 1970]

Modifications etc. (not altering text)

C1 This Act is in the form in which it is set out in Sex Discrimination Act 1975 (c. 65, SIF 106:1), Sch. 1 Pt. II, with subsequent amendments. Missing provisions without commentary reflect the presentation of the text in 1975 c. 65.

1 Disputes as to, and enforcement of, requirement of equal treatment. E+W+S

(1) If the terms of a contract under which a woman is employed at an establishment in Great Britain do not include (directly or by reference to a collective agreement or otherwise) an equality clause they shall be deemed to include one.

(2) An equality clause is a provision which relates to terms (whether concerned with pay or not) of a contract under which a woman is employed (the “woman’s contract”), and has the effect that—

(a) where the woman is employed on like work with a man in the same employment—

(i) if (apart from the equality clause) any term of the woman’s contract is or becomes less favourable to the woman than a term of a similar kind in the contract under which that man is employed, that term of the woman’s contract shall be treated as so modified as not to be less favourable, and

(ii) if (apart from the equality clause) at any time the woman’s contract does not include a term corresponding to a term benefiting that man included in the contract under which he is employed, the woman’s contract shall be treated as including such a term;

(b) where the woman is employed on work rated as equivalent with that of a man in the same employment—

(i) if (apart from the equality clause) any term of the woman’s contract determined by the rating of the work is or becomes less favourable to the woman than a term of a similar kind in the contract under which that man is employed, that term of the woman’s contract shall be treated as so modified as not to be less favourable, and

(ii) if (apart from the equality clause) at any time the woman’s contract does not include a term corresponding to a term benefiting that man included in the contract under which he is employed and determined by the rating of the work, the woman’s contract shall be treated as including such a term.

[F1 (c) where a woman is employed on work which, not being work in relation to which paragraph (a) or (b) above applies, is, in terms of the demands made on her (for instance under such headings as effort, skill and decision), of equal value to that of a man in the same employment—

(i) if (apart from the equality clause) any term of the woman’s contract is or becomes less favourable to the woman than a term of a similar kind in the contract under which that man is employed, that term of the woman’s contract shall be treated as so modified as not to be less favourable, and

(ii) if (apart from the equality clause) at any time the woman’s contract does not include a term corresponding to a term benefiting that man included in the contract under which he is employed, the woman’s contract shall be treated as including such a term.]

[F2 (3) An equality clause shall not operate in relation to a variation between the woman’s contract and the man’s contract if the employer proves that the variation is genuinely due to a material factor which is not the difference of sex and that factor—

(a) in the case of an equality clause falling within subsection (2)(a) or (b) above, must be a material difference between the woman’s case and the man’s; and

(b) in the case of an equality clause falling within subsection (2)(c) above, may be such a material difference.]

(4) A woman is to be regarded as employed on like work with men if, but only if, her work and theirs is of the same or a broadly similar nature, and the differences (if any) between the things she does and the things they do are not of practical importance in relation to terms and conditions of employment; and accordingly in comparing her work with theirs regard shall be had to the frequency or otherwise with which any such differences occur in practice as well as to the nature and extent of the differences.

(5) A woman is to be regarded as employed on work rated as equivalent with that of any men if, but only if, her job and their job have been given an equal value, in terms of the demand made on a worker under various headings (for instance effort, skill, decision), on a study undertaken with a view to evaluating in those terms the jobs to be done by all or any of the employees in an undertaking or group of undertakings, or would have been given an equal value but for the evaluation being made on a system setting different values for men and women on the same demand under any heading.

(6) Subject to the following subsections, for purposes of this section—

(a) “employed” means employed under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) Two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control,

and men shall be treated as in the same employment with a woman if they are men employed by her employer or any associated employer at the same establishment or at establishments in Great Britain which include that one and at which common terms and conditions of employment are observed either generally or for employees of the relevant classes.

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This section shall apply to—

(a) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or

(b) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,

as it applies to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.

(9) Subsection (8) does not apply in relation to service in—

(a) the naval, military or air forces of the Crown, . . . F5

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(10) In this section “statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up; and service “for purposes of” a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial offices) to the M1 House of Commons Disqualification Act 1975 as for the time being in force.

(11) For the purposes of this Act it is immaterial whether the law which (apart from this subsection) is the [F6 proper law of][F6 law applicable to] a contract is the law of any part of the United Kingdom or not.

(12) In this Act “Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain.

(13) Provisions of this section and [F7 sections 2 and 2A] below framed with reference to women and their treatment relative to men are to be read as applying equally in a converse case to men and their treatment relative to women.

Textual Amendments

F1 S. 1(2)(c) inserted by S.I. 1983/1794, reg. 2(1)

F2 S. 1(3) substituted by S.I. 1983/1794, reg. 2(2)

F3 S. 1(6)(b) repealed by Sex Discrimination Act 1975 (c. 65), s. 8(6), Sch. 1 Pt. I para. 1(1)

F4 S. 1(7) repealed by Sex Discrimination Act 1975 (c. 65), s. 8(6), Sch. 1 Pt. I para. 1(2)

F5 S. 1(9)(b) and the word “or” immediately preceding it repealed with saving by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I Note

F6 Words “law applicable to” substituted (1.4.1991) for “proper law of” by Contracts (Applicable Law) Act 1990 (c. 36, SIF 30) s. 5, Sch. 4 para. 1

F7 Words substituted by S.I. 1983/1794, reg. 3(2)

Modifications etc. (not altering text)

C2 S. 1 explained by Sex Discrimination Act 1975 (c. 65, SIF 106:1), s. 10(1); extended by Employment Protection Act 1975 (c. 71, SIF 43:1), s. 122(2)

C3 Power to modify s. 1 conferred by Sex Discrimination Act 1975 (c. 65, SIF 106), s. 10(6)

C4 S. 1(1) excluded by Sex Discrimination Act 1975 (c. 65, SIF 106:1), s. 8(2)

Marginal Citations

M1 1975 c. 24(89).

2 Procedure before tribunal in certain cases. E+W+S

(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.

(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 Secretary of State that there may be a question whether the employer of any women is or has been 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 him 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 or woman against the employer.

(3) Where it appears to the court in which any proceedings are pending that a claim or counterclaim in respect of the operation of an equality clause could more conveniently be disposed of separately by an industrial tribunal, the court may direct that the claim or counterclaim 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 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 or sist the proceedings in the meantime.

(4) No claim in respect of the operation of an equality clause relating to a woman’s employment shall be referred to an industrial tribunal otherwise than by virtue of subsection (3) above, if she has not been employed in the employment within the six months preceding the date of the reference.

(5) A woman shall not be entitled, in proceedings brought in respect of a failure to comply with an equality clause (including proceedings before an industrial tribunal), to be awarded any payment by way of arrears of remuneration or damages in respect of a time earlier than two years before the date on which the proceedings were instituted.

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F8 S. 2(6) repealed by Sex Discrimination Act 1975 (c. 65), s. 8(6), Sch. 1 Pt. I para. 2(4)

F9 S. 2(7) repealed by Employment Protection (Consolidation) Act 1978 (c. 44, SIF 43:1), Sch. 17

Modifications etc. (not altering text)

C5 S. 2 applied (with modifications) (4.12.1995 for the purpose only of authorising the making of regulations, 1.1.1996 for all other purposes) by 1995 c. 26, s. 63(4) (with s. 121(5)); S.I. 1995/3104, art. 2(2)

S. 2 applied (with modifications) (1.1.1996) by S.I. 1995/3183, regs. 3-7, 9-12

[F10 2A (1) Where on a complaint or reference made to an industrial tribunal under section 2 above, a dispute arises as to whether any work is of equal value as mentioned in section 1(2)(c) above the tribunal shall not determine that question unless—

(a) it is satisfied that there are no reasonable grounds for determining that the work is of equal value as so mentioned; or

(b) it is required a member of the panel of independent experts to prepare a report with respect to that question and has received that report.

(2) Without prejudice to the generality of paragraph (a) of subsection (1) above, there shall be taken, for the purposes of that paragraph, to be no reasonable grounds for determining that the work of a woman is of equal value as mentioned in section 1(2)(c) above if—

(a) that work and the work of the man in question have been given different values on a study such as is mentioned in section 1(5) above; and

(b) there are no reasonable grounds for determining that the evaluation contained in the study was (within the meaning of subsection (3) below) made on a system which discriminates on grounds of sex.

(3) An evaluation contained in a study such as is mentioned in section 1(5) above is made on a system which discriminates on grounds of sex where a difference, or coincidence, between values set by that system on different demands under the same or different headings is not justifiable irrespective of the sex of the person on whom those demands are made.

(4) In paragraph (b) of subsection (1) above the reference to a member of the panel of independent experts is a reference to a person who is for the time being designated by the Advisory, Conciliation and Arbitration Service for the purposes of that paragraph as such a member, being neither a member of the Council of that Service nor one of its officers or servants.]

Textual Amendments

F10 S. 2A inserted by S.I. 1983/1794, reg. 3(1)

Modifications etc. (not altering text)

C6 S. 2A applied (with modifications) (4.12.1995 for the purpose only of authorising the making of regulations, 1.1.1996 for all other purposes) by 1995 c. 26, s. 63(4) (with s. 121(5)); S.I. 1995/3104, art. 2(2)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 S. 3 repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2)(3), Sch. Pt. II

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S

Textual Amendments

F12 S. 4 repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. II

5 Agricultural wages orders. E+W+S

(1) Where an agricultural wages order made before or after the commencement of this Act contains any provision applying specifically to men only or to women only, the order may be referred by the Secretary of State to the [F13 Central Arbitration Committee] to declare what amendments need to be made in the order, in accordance with the like rules as apply under section 3(4) above to the amendment under that section of a collective agreement, so as to remove that discrimination between men and women; and when the [F13 Central Arbitration Committee] have declared the amendments needing to be so made, it shall be the duty of the Agricultural Wages Board, by a further agricultural wages order coming into operation not later than five months after the date of the [F13 Central Arbitration Committee’s] decision, either to make those amendments in the order referred to the [F13 Central Arbitration Committee] or otherwise to replace or amend that order so as to remove the discrimination.

(2) Where the Agricultural Wages Board certify that the effect of an agricultural wages order is only to make such amendments of a previous order as have under this section been declared by the [F13 Central Arbitration Committee] to be needed, or to make such amendments as aforesaid with minor modifications or modifications of limited application, or is only to revoke and reproduce with such amendments a previous order, then the Agricultural Wages Board may instead of complying with para-graphs 1 and 2 of Schedule 4, or in the case of Scotland paragraphs 1 and 2 of Schedule 3, to the Agricultural Wages Act give notice of the proposed order in such manner as appears to the Agricultural Wages Board expedient in the circumstances, and may make the order at any time after the expiration of seven days from the giving of the notice.

(3) An agricultural wages order shall be referred to the [F13 Central Arbitration Committee] under this section if the Secretary of State is requested so to refer it either—

(a) by a body for the time being entitled to nominate for membership of the Agricultural Wages Board persons representing employers (or, if provision is made for any of the persons representing employers to be elected instead of nominated, then by a member or members representing employers); or

(b) by a body for the time being entitled to nominate for membership of the Agricultural Wages Board persons representing workers (or, if provision is made for any of the persons representing workers to be elected instead of nominated, then by a member or members representing workers);

or if in any case it appears to the Secretary of State that the order may be amendable under this section.

(4) In this section “the Agricultural Wages Board” means the Agricultural Wages Board for England and Wales or the Scottish Agricultural Wages Board, “the Agricultural Wages Act” means the M2 Agricultural Wages Act 1948 or the M3 Agricultural Wages (Scotland) Act 1949 and “agricultural wages order” means an order of the Agricultural Wages Board under the Agricultural Wages Act.

Textual Amendments

F13 Words substituted by Employment Protection Act 1975 (c. 71, SIF 43:1), Sch. 16 Pt. IV para. 13(2)(3)

Modifications etc. (not altering text)

C7 Amendments by Employment Protection Act 1975 (c. 71), Sch. 16, Pt. IV para. 13(2)(3) in s. 5 continued (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2, para. 3(3)

Marginal Citations

M2 1948 c. 47(2:7).

M3 1949 c. 30(2:7).

6 Exclusion from ss. 1 to 5 of pensions etc. E+W+S

(1) [F14 An equality clause shall not] operate in relation to terms—

(a) affected by compliance with the laws regulating the employment of women, or

(b) affording special treatment to women in connection with pregnancy or childbirth.

(1A) An equality clause . . . F15 —

(a) shall operate in relation to terms relating to membership of an occupational pension scheme (within the meaning of the M4 Social Security Pensions Act 1975) so far as those terms relate to any matter in respect of which the scheme has to conform with the equal access requirements of Part IV of that Act; but

(b) subject to this, shall not operate in relation to terms related to death or retirement, or to any provision made in connection with death or retirement [F16 other than a term or provision which, in relation to retirement, affords access to opportunities for promotion, transfer or training or provides for a woman’s dismissal or demotion.]

(2) Any reference in this section to retirement includes retirement, whether voluntary or not, on grounds of age, length of service or incapacity [F17 and the reference in subsection (1A) above to a woman’s dismissal shall be construed in accordance with section 82(1A) of the M5 Sex Discrimination Act 1975 as a reference to her dismissal from employment.]

Textual Amendments

F14 Words substituted by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(1)

F15 Words repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2)(3), Sch. Pt. II

F16 Words inserted (prosp. so as to come into force 7.11.1987 or earlier) by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 2(4)(a), 10(3)(4)

F17 Words inserted (prosp. so as to come into force 7.11.1987 or earlier) by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 2(4)(b), 10(3)(4)

Marginal Citations

M4 1975 c. 14(113:1).

M5 1975 c. 65(106:1).

6 Exclusion from ss. 1 to 5 of pensions etc. E+W+S

(1) [F26 An equality clause shall not] operate in relation to terms—

(a) affected by compliance with the laws regulating the employment of women, or

(b) affording special treatment to women in connection with pregnancy or childbirth.

(1A) An equality clause . . . F27 —

(a) shall operate in relation to terms relating to membership of an occupational pension scheme (within the meaning of the M9 Social Security Pensions Act 1975) [F28 so far as those terms relate to any matter in respect of which the scheme has to conform with the equal access requirements of Part IV of that Act; but][F28 which is also an employment-related benefit scheme, within the meaning of Schedule 5 to the Social Security Act 1989, so far as those terms relate to any matter in respect of which the scheme has to comply with the principal of equal treatment in accordance with that Schedule; but]

(b) subject to this, shall not operate in relation to terms related to death or retirement, or to any provision made in connection with death or retirement [F29 other than a term or provision which, in relation to retirement, affords access to opportunities for promotion, transfer or training or provides for a woman’s dismissal or demotion.]

(2) Any reference in this section to retirement includes retirement, whether voluntary or not, on grounds of age, length of service or incapacity [F30 and the reference in subsection (1A) above to a woman’s dismissal shall be construed in accordance with section 82(1A) of the M10 Sex Discrimination Act 1975 as a reference to her dismissal from employment.]

Textual Amendments

F26 Words substituted by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(1)

F27 Words repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2)(3), Sch. Pt. II

F28 Words beginning “which is also” substituted (prosp.) for words beginning “so far as” by Social Security Act 1989 (c. 24, SIF 113:1), ss. 23, 33(2), Sch. 5 Pt. II para. 13 (which para. is repealed (prosp.) by 1993 c. 48, ss. 188, 193(2)(3), Sch. 5 Pt. I).

F29 Words inserted (prosp. so as to come into force 7.11.1987 or earlier) by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 2(4)(a), 10(3)(4)

F30 Words inserted (prosp. so as to come into force 7.11.1987 or earlier) by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 2(4)(b), 10(3)(4)

Marginal Citations

M9 1975 c. 14(113:1).

M10 1975 c. 65(106:1).

Valid from 01/10/1997

[F18 7A Service pay and conditions. E+W+S

(1) Sections 1 and 6 above shall apply, with the modifications mentioned in subsection (2) below and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.

(2) In the application of those sections to service by a woman in any of the armed forces—

(a) references to a contract of employment shall be regarded as references to the terms of service;

(b) in section 1, in subsection (6), paragraph (c) and the words “or any associated employer” and subsections (8) to (11) (which have no application) shall be omitted; and

(c) references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.

(3) Any claim in respect of the contravention of a term of service modified or included, in relation to a woman’s service in any of the armed forces, by a term corresponding to an equality clause in a contract of employment (including a claim for arrears of pay or damages in respect of the contravention) may be presented by way of complaint to an industrial tribunal.

Any such contravention shall be regarded for the purposes of a claim under this subsection as if it were a breach of contract.

(4) Subsections (5) to (10) below apply in relation to any claim by a woman (“the claimant”) arising from a contravention of a term of service referred to in subsection (3) above.

(5) No complaint in respect of the claim shall be presented to an industrial tribunal unless—

(a) the claimant has made a complaint to an officer under the service redress procedures applicable to her and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.

(6) Regulations may make provision enabling a complaint in respect of the claim to be presented to an industrial tribunal in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) above would otherwise preclude its presentation.

(7) Where a complaint is presented to an industrial tribunal by virtue of regulations under subsection (6) above, the service redress procedures may continue after the complaint is presented.

(8) No complaint in respect of the claim shall be presented to an industrial tribunal if the period of service during which the claim arose ended more than nine months before the date of the presentation of the complaint to the tribunal.

(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages in respect of a time earlier than two years before the date on which her complaint under the service redress procedures was made.

(10) Section 2A above shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an industrial tribunal under section 2(1) above.

(11) Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) In this section—

• “armed forces” means the naval, military or air forces of the Crown; and

• “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the M6 Army Act 1955, section 180 of the M7 Air Force Act 1955 and section 130 of the M8 Naval Discipline Act 1957.]

Textual Amendments

F18 S. 7A substituted (1.10.1997) for s. 7 by 1996 c. 46, s. 24(2); S.I. 1997/2164, art. 2 (with art. 3(1))

Marginal Citations

M6 1955 c. 18.

M7 1955 c. 19.

M8 1957 c. 53.

Valid from 06/04/2003

[F19 7B Questioning of employer E+W+S

(1) For the purposes of this section—

(a) a person who considers that she may have a claim under section 1 above is referred to as “the complainant”, and

(b) a person against whom the complainant may decide to make, or has made, a complaint under section 2(1) or 7A(3) above is referred to as “the respondent”.

(2) With a view to helping a complainant to decide whether to institute proceedings and, if she does so, to formulate and present her case in the most effective manner, the Secretary of State shall by order prescribe—

(a) forms by which the complainant may question the respondent on any matter which is or may be relevant, and

(b) forms by which the respondent may if he so wishes reply to any questions.

(3) Where the complainant questions the respondent (whether in accordance with an order under subsection (2) above or not), the question and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this section, be admissible as evidence in any proceedings under section 2(1) or 7A(3) above.

(4) If in any proceedings under section 2(1) or 7A(3) above it appears to the employment tribunal that the complainant has questioned the respondent (whether in accordance with an order under subsection (2) above or not) and that—

(a) the respondent deliberately and without reasonable excuse omitted to reply within such period as the Secretary of State may by order prescribe, or

(b) the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a term modified or included by virtue of the complainant’s equality clause or corresponding term of service.

(5) Where the Secretary of State questions an employer in relation to whom he may decide to make, or has made, a reference under section 2(2) above, the question and any reply by the employer shall, subject to the following provisions of this section, be admissible as evidence in any proceedings under that provision.

(6) If in any proceedings on a reference under section 2(2) above it appears to the employment tribunal that the Secretary of State has questioned the employer to whom the reference relates and that—

(a) the employer deliberately and without reasonable excuse omitted to reply within such period as the Secretary of State may by order prescribe, or

(b) the employer’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the employer has contravened a term modified or included by virtue of the equality clause of the woman, or women, as respects whom the reference is made.

(7) The Secretary of State may by order—

(a) prescribe the period within which questions must be duly served in order to be admissible under subsection (3) or (5) above, and

(b) prescribe the manner in which a question, and any reply, may be duly served.

(8) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before an employment tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

(9) Power to make orders under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10) An order under this section may make different provision for different cases.]

Textual Amendments

F19 S. 7B inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 42; S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

F20 7 Service pay. E+W+S

(1) The Secretary of State or Defence Council shall not make, or recommend to Her Majesty the making of, any instrument relating to the terms and conditions of service of members of the naval military or air forces of the Crown . . . F21 , if the instrument has the effect of making a distinction, as regards pay, allowances or leave, between men and women who are members of those forces . . . F21 , not being a distinction fairly attributable to differences between the obligations undertaken by men and those undertaken by women as such members as aforesaid.

(2) The Secretary of State or Defence Council may refer to the [F22 Central Arbitration Committee] for their advice any question whether a provision made or proposed to be made by any such instrument as is referred to in subsection (1) above ought to be regarded for purposes of this section as making a distinction not permitted by that subsection.

Textual Amendments

F20 S. 7A substituted (1.10.1997) for s. 7 by 1996 c. 46, s. 24(2); S.I. 1997/2164, art. 2 (with art. 3(1))

F21 Words repealed with saving by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I Note

F22 Words substituted by Employment Protection Act 1975 (c. 71, SIF 43:1), Sch. 16 Pt. IV para. 13(1)(2)

Modifications etc. (not altering text)

C8 Amendments by Employment Protection Act 1975 (c. 71), Sch. 16, Pt. IV para. 13(2)(3) in S. 7 continued (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2, para. 3(3)

F23 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F23 S. 8 repealed by Sex Discrimination Act 1975 (c. 65), s. 8(6), Sch. 1 Pt. I para. 4

9 Commencement. E+W+S

(1) . . . the foregoing provisions of this Act shall come into force on the 29th December 1975 and references in this Act to its commencement shall be construed as referring to the coming into force of those provisions on that date.

F24 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 S. 9(2) repealed by Sex Discrimination Act 1975 (c. 65), s. 8(6), Sch. 1 Pt. I para. 5

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W+S

Textual Amendments

F25 S. 10 repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2), Sch. Pt. II

11 Short title, interpretation and extent. E+W+S

(1) This Act may be cited as the Equal Pay Act 1970.

(2) In this Act the expressions “man” and “woman” shall be read as applying to persons of whatever age.

(3) This Act shall not extend to Northern Ireland.