The Equality Act 2010 (Equal Pay Audits) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2559 |
| Year | 2014 |
2014No. 2559
EQUALITY
The Equality Act 2010 (Equal Pay Audits) Regulations 2014
22ndSeptember2014
1stOctober2014
These Regulations are made in exercise of the powers conferred by sections 139A and 207(1) and (4) of the Equality Act 2010( 1).
The Secretary of State has consulted the Minister for Employment Relations and Consumer Affairs and the Lord Chancellor in accordance with section 139A(12) of that Act.
In accordance with section 208(4), (5)(ea)( 2) and (8) of that Act, a draft of these Regulations has been laid before and approved by resolution of each House of Parliament.
The Secretary of State makes the following Regulations:
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Equality Act 2010 (Equal Pay Audits) Regulations 2014 and come into force on 1st October 2014.
(2) In these Regulations-
"the Act" means the Equality Act 2010;
"audit" means an equal pay audit;
"date of complaint" means the date on which a complaint in respect of an equal pay breach is presented to a tribunal;
"date of judgment" means the date on which a tribunal finds that there has been an equal pay breach;
"relevant gender pay information" means information relating to the pay of men and women (including the maternity-related pay of women to whom section 74 of the Act applies (maternity equality clause: pay))-
(a) who are employed by the respondent;(b) who are appointed to a personal or public office by the respondent;(c) for whom the respondent is the relevant person in relation to the terms of appointment to a personal or public office;"relevant person" has the same meaning as in section 52(6) of the Act;
"tribunal" means an employment tribunal.
Requirement for a tribunal to order an audit
2. (1) This regulation applies to a complaint presented on or after 1st October 2014 where a tribunal finds that there has been an equal pay breach.
(2) Subject to regulations 3 and 4, the tribunal must order the respondent to carry out an audit.
Circumstances in which an audit must not be ordered
3. (1) A tribunal must not order the respondent to carry out an audit where it considers that-
(a) the information which would be required to be included in the audit under regulation 6 were the tribunal to make an order, is already available from an audit which has been completed by the respondent in the previous 3 years;(b) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing;(c) the breach which the tribunal has found gives no reason to think that there may be other breaches; or(d) the disadvantages of an audit would outweigh its benefits.(2) In paragraph (1), "previous 3 years" means the 3 years preceding the date on which the tribunal issues a judgment, orally or in writing, stating that there has been an equal pay breach.
Exemption for existing micro-businesses and new businesses
4. (1) A tribunal must not, within the applicable exemption period, order a respondent to carry out an audit in relation to persons employed for the purposes of a business where the respondent is carrying on that business and the business is-
(a) an existing micro-business, or(b) a new business.(2) The Schedule defines "micro-business" and "new business" and the exemption period applicable for each.
Content of the tribunal's order
5. (1) An order made by a tribunal under regulation 2 must-
(a) specify descriptions of persons in relation to whom relevant gender pay information must be included in the audit and the period of time to which the audit must relate; and(b) specify the date by which the audit must be received by the tribunal.(2) The date specified for the purposes of paragraph (1)(b) must not be sooner than 3 months after the date on which the order is made.
Content of an audit
6. An audit must -
(a) include the relevant gender pay information related to the descriptions of persons specified by the tribunal for the purposes of regulation 5(1)(a);(b) identify any differences in pay between the descriptions of men and women specified for the purposes of regulation 5(1)(a) and the reasons for those differences;(c) include the reasons for any potential equal pay breach identified by the audit; and(d) include the respondent's plan to avoid equal pay breaches occurring or continuing.Determining compliance with an order to carry out an audit on the papers
7. (1) Where an audit has been received by a tribunal by the date specified in relation to it for the purpose of regulation 5(1)(b), the tribunal must determine whether the audit complies with the requirements in regulation 6.
(2) Where the tribunal determines that the audit complies with the requirements in regulation 6, it must make an order to that effect and provide a copy of that order to the respondent.
(3) Where the tribunal is not satisfied that the audit complies with the requirements in regulation 6 or where the audit was not received by the tribunal by the date specified for the purposes of regulation 5(1)(b), the tribunal must-
(a) fix a hearing;(b) notify the respondent of-(i) the reasons why it is not satisfied that the audit complies with the requirements in regulation 6 (where an audit was received by the tribunal by the date specified for the purposes of regulation 5(1)(b)) and the powers available to the tribunal;(ii) the date of the hearing; and(iii) the right of the respondent to make representations at the hearing; and(c) where an audit has not been received by the date specified for the purposes of regulation 5(1)(b), make an order specifying the new date by which the audit must be received by the tribunal, which must be no later than the date specified in paragraph (b)(ii).Determining compliance with an order to carry out an audit at a hearing
8. (1) This regulation applies where a tribunal has held a hearing fixed under regulation 7(3) and considered any representations made by the respondent.
(2) Where an audit has been...
To continue reading
Request your trial