http://www.legislation.gov.uk/ukpga/2010/15/section/74Equality Act 2010An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes.texttext/xmlenStatute Law Database2026-04-07Expert Participation2026-04-07 Equality Act 2010s. 40(1A)-(1C)Employment Rights Act 2025s. 21s. 159(3)Equality Act 2010s. 40BEmployment Rights Act 2025s. 22(2)s. 159(3)Equality Act 2010s. 208(5)(aa)Employment Rights Act 2025s. 22(3)s. 159(3)Equality Act 2010s. 78(3A)(3B)Employment Rights Act 2025s. 34(2)s. 159(3)Equality Act 2010s. 153(1A)(1B)Employment Rights Act 2025s. 34(3)s. 159(3)Equality Act 2010s. 154(3A)(3B)Employment Rights Act 2025s. 34(4)s. 159(3) Part 5Chapter 3741A term of the woman's work that provides for maternity-related pay to be calculated by reference to her pay at a particular time is, if each of the following three conditions is satisfied, modified as mentioned in subsection (5).2The first condition is that, after the time referred to in subsection (1) but before the end of the protected period—aher pay increases, orbit would have increased had she not been on maternity leave.3The second condition is that the maternity-related pay is not—awhat her pay would have been had she not been on maternity leave, orbthe difference between the amount of statutory maternity pay to which she is entitled and what her pay would have been had she not been on maternity leave.4The third condition is that the terms of her work do not provide for the maternity-related pay to be subject to—aan increase as mentioned in subsection (2)(a), orban increase that would have occurred as mentioned in subsection (2)(b).5The modification referred to in subsection (1) is a modification to provide for the maternity-related pay to be subject to—aany increase as mentioned in subsection (2)(a), orbany increase that would have occurred as mentioned in subsection (2)(b).6A term of her work that—aprovides for pay within subsection (7), butbdoes not provide for her to be given the pay in circumstances in which she would have been given it had she not been on maternity leave,is modified so as to provide for her to be given it in circumstances in which it would normally be given.7Pay is within this subsection if it is—apay (including pay by way of bonus) in respect of times before the woman is on maternity leave,bpay by way of bonus in respect of times when she is on compulsory maternity leave, orcpay by way of bonus in respect of times after the end of the protected period.8A term of the woman's work that—aprovides for pay after the end of the protected period, butbdoes not provide for it to be subject to an increase to which it would have been subject had she not been on maternity leave,is modified so as to provide for it to be subject to the increase.9Maternity-related pay is pay (other than statutory maternity pay) to which a woman is entitled—aas a result of being pregnant, orbin respect of times when she is on maternity leave.10A reference to the protected period is to be construed in accordance with section 18.Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))