The Equal Pay (Questions and Replies) Order 2003

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order prescribes the forms which may be used for the purposes mentioned in section 7B of the Equal Pay Act 1970 (“the Act”). The form set out in Schedule 1 is for use (if she so wishes) by a person (“the complainant”) who wishes to question another (“the respondent”) whom she considers may have discriminated against her, in contravention of the Act, as regards her terms and conditions of employment, including pay. The form set out in Schedule 2 is for use by the respondent (if he so wishes) when replying.

Article 3 relates to the period within which questions must be served on the respondent if they are to be admissible as evidence in proceedings before an employment tribunal (in pursuance of subsections (3) and (5) of section 7B of the Act) and article 4 relates to the period within which the respondent needs to reply, failing which the tribunal may draw an inference from a deliberate or unreasonable failure to reply (in accordance with subsections (4)(a) and (6)(a) of that section).

Article 5 relates to the manner of service of questions and replies.