Equal Pay (Amendment) Regulations 1983

JurisdictionUK Non-devolved
CitationSI 1983/1794

1983 No. 1794

SEX DISCRIMINATION

The Equal Pay (Amendment) Regulations 1983

Made 6th December 1983

Coming into Operation 1st January 1984

Whereas a draft of these regulations has been approved by resolution of each House of Parliament in pursuance of paragraph 2(2) of Schedule 2 to the European Communities Act 1972:

Now, therefore, the Secretary of State, being a Minister designated for the purposes of section 2(2) of that Act in relation to measures to prevent discrimination between men and women as regards terms and conditions of employment1, in exercise of the powers conferred by that section, hereby makes the following Regulations—

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Equal Pay (Amendment) Regulations 1983.

(2) These Regulations shall come into operation on 1st January 1984.

(3) These Regulations do not extend to Northern Ireland.

S-2 New form of equality clause

New form of equality clause

2.—(1) In subsection (2) of section 1 of the Equal Pay Act 19702(equality clauses to be implied into contracts of employment), after paragraph (b) there shall be inserted the following paragraph:—

“(c)

“(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.”

(2) For subsection (3) of the said section 1 (defence of genuine material difference) there shall be substituted the following subsection:—

S-3

“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.”

S-3 Procedure before industrial tribunal

Procedure before industrial tribunal

3.—(1) After section 2 of the said Act of 1970 (disputes as to, and enforcement of, requirement of equal...

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