C2C31 Disputes as to, and enforcement of, requirement of equal treatment. C1
C41
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.
F1c
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.
F23
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;
F3b
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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.
F47
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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 M1House of Commons Disqualification Act 1975 as for the time being in force.
F610A
This section applies in relation to service as a relevant member of the House of Commons staff as in relation to service for the purposes of a Minister of the Crown or government department, and accordingly applies as if references to a contract of employment included references to the terms of service of such a member.
In this subsection “relevant member of the House of Commons staff” has the same meaning as in F7section 195 of the Employment Rights Act 1996; and F7subsections (6) to (12) of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.
F810B
This section applies in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.
In this subsection “relevant member of the House of Lords staff” has the same meaning as in F9section 194 of the Employment Rights Act 1996; and F9subsection (7)of that section applies for the purposes of this section.
11
For the purposes of this Act it is immaterial whether the law which (apart from this subsection) is the F10law 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 F11sections 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.