http://www.legislation.gov.uk/ukpga/2010/15/section/75Equality 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 3751If an occupational pension scheme does not include a maternity equality rule, it is to be treated as including one.2A maternity equality rule is a provision that has the effect set out in subsections (3) and (4).3If a relevant term does not treat time when the woman is on maternity leave as it treats time when she is not, the term is modified so as to treat time when she is on maternity leave as time when she is not.4If a term confers a relevant discretion capable of being exercised so that time when she is on maternity leave is treated differently from time when she is not, the term is modified so as not to allow the discretion to be exercised in that way.5A term is relevant if it is—aa term relating to membership of the scheme,ba term relating to the accrual of rights under the scheme, orca term providing for the determination of the amount of a benefit payable under the scheme.6A discretion is relevant if its exercise is capable of affecting—amembership of the scheme,bthe accrual of rights under the scheme, orcthe determination of the amount of a benefit payable under the scheme.7This section does not require the woman's contributions to the scheme in respect of time when she is on maternity leave to be determined otherwise than by reference to the amount she is paid in respect of that time.8This section, so far as relating to time when she is on ordinary maternity leave but is not being paid by her employer, applies only in a case where the expected week of childbirth began on or after 6 April 2003.9This section, so far as relating to time when she is on additional maternity leave but is not being paid by her employer—adoes not apply to the accrual of rights under the scheme in any case;bapplies for other purposes only in a case where the expected week of childbirth began on or after 5 October 2008.10In this section—aa reference to being on maternity leave includes a reference to having been on maternity leave, andba reference to being paid by the employer includes a reference to receiving statutory maternity pay from the employer.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))