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EQUAL PAY ACT (NORTHERN IRELAND) 1970

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - LONG TITLE

An Act to prevent discrimination, as regards terms and conditions of
employment, between men and women.
[17th December 1970]
Requirement of equal treatment for men and women in same employment.

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 1

1.[(1) If the terms of a contract under which a woman is employed
at an establishment in Northern Ireland do not include (directly or
by reference to a collective agreement or otherwise) an equality
clause they shall be deemed to include one.

(2) An equality clause is a provision which relates to terms
(whether concerned with pay or not) of a contract under which a
woman is employed (the "woman's contract"), and has the effect that

(a)where the woman is employed on like work with 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;

(b)where the woman is employed on work rated as equivalent with
that of a man in the same employment

(i)if (apart from the equality clause) any term of the woman's
contract determined by the rating of the work 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 and
determined by the rating of the work, the woman's contract shall be
treated as including such a term.

(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 difference
(other than the difference of sex) between her case and his.]

(4) ...

(5) A woman is to be regarded as employed on like work with men
if, but only if, her work and theirs is of the same or a broadly
similar nature, and the differences (if any) between the things she
does and the things they do are not of practical importance in
relation to terms and conditions of employment; and accordingly in
comparing her work with theirs regard shall be had to the frequency
or otherwise with which any such differences occur in practice as
well as to the nature and extent of the differences.

(6) A woman is to be regarded as employed on work rated as
equivalent with that of any men if, but only if, her job and
their job have been given an equal value, in terms of the demand
made on a worker under various headings (for instance effort, skill,
decision), on a study undertaken with a view to evaluating in those
terms the jobs to be done by all or any of the employees in an
undertaking or group of undertakings, or would have been given an
equal value but for the evaluation being made on a system setting
different values for men and women on the same demand under any
heading.

(7) Subject to [the following subsections], for the purposes of this
section

(a)"employed" means employed under a contract of service or of
apprenticeship or a contract personally to execute any work or
labour, and related expressions shall be construed accordingly;

Para.(b) rep. by 1976 NI 15 art.11 sch.1 Pt.I

(c)two employers are to be treated as associated if one is a
company of which the other (directly or indirectly) has control or
if both are companies of which a third person (directly or
indirectly) has control;

Subs.(8) rep. by 1978 NI 15 art.11 sch.1 Pt.I

[(9) This section shall apply to

(a)service for purposes of a Minister of the Crown or government
department, other than service of a person holding a statutory
office, or

(b)service on behalf of the Crown for purposes of a person holding
a statutory office or purposes of a statutory body,

(10) Subsection (9) does not apply in relation to service in

(a)the naval, military or air forces of the Crown, or

(b)any women's service administered by the Defence Council.

(11) In this section "statutory body" means a body set up by or
in pursuance of a statutory provision (as defined by section 1(f)
of the Interpretation Act (Northern Ireland) 1954), and "statutory
office" means an office so set up; and service "for purposes of" a
Minister of the Crown or government department does not include
service in any office in Schedule 2 (Ministerial offices) to the
House of Commons Disqualification Act 1975 as for the time being in
force.]

[(12) For the purposes of this Act it is immaterial whether the
law which (apart from this subsection) is the proper law of a
contract is the law of any part of the United Kingdom or not.

(13) In this Act "Northern Ireland" includes such of the territorial
waters of the United Kingdom as are adjacent to Northern Ireland.

(14) Provisions of this section and section 2 framed with reference
to women and their treatment relative to men are to be read as
applying equally in a converse case to men and their treatment
relative to women.]

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 2
Disputes as to, and enforcement of, requirement of equal treatment.

2.[(1) Any claim in respect of the contravention of a term modified
or included by virtue of an equality clause, including a claim for
arrears of remuneration or damages in respect of the contravention,
may be presented by way of a complaint to an industrial tribunal.]

[(1A) Where a dispute arises in relation to the effect of an
equality clause the employer may apply to an industrial tribunal for
an order declaring the rights of the employer and the employee in
relation to the matter in question.]

(2) Where it appears to the Ministry of Health and Social Services
(in this Act referred to as "the Ministry") that there may be a
question whether the employer of any women is or has been
[contravening a term modified or included by virtue of their
equality clauses], but that it is not reasonable to expect them to
take steps to have the question determined, the question may be
referred by the Department [as respects all or any of them] to an
industrial tribunal and shall be dealt with as if the reference
were of a claim by the women [or woman] against the employer.

(3) Where it appears to the court in which any proceedings are
pending that a claim or counter-claim in respect of the operation
of an [equality clause] could more conveniently be disposed of
separately by an industrial tribunal, the court may direct that the
claim or counter-claim shall be struck out; and (without prejudice
to the foregoing) where in proceedings before any court a question
arises as to the operation of an [equality clause], the court may
on the application of any party to the proceedings or otherwise
refer that question, or direct it to be referred by a party to
the proceedings, to an industrial tribunal for determination by the
tribunal, and may stay the proceedings in the meantime.

(4) A claim in respect of the operation of an [equality clause]
relating to a woman's employment shall not be referred to an
industrial tribunal otherwise than by virtue of subsection (3), if
she has not been employed in the employment within the six months
preceding the date of the reference.

(5) A woman shall not be entitled, in proceedings brought in
respect of a failure to comply with an [equality clause] (including
proceedings before an industrial tribunal), to be awarded any payment
by way of arrears of remuneration or damages in respect of a time
earlier than two years before the date on which the proceedings
were instituted.

Subs.(6) rep. by 1976 NI 15 art.11 sch.1 Pt.I

(7) In this section "industrial tribunal" means a tribunal
established under section 13 of the Industrial Training Act (Northern
Ireland) 1964, and there may be paid out of money provided by
Parliament any additional amounts which by virtue of this section
are so payable under section 13(3) of that Act, as amended by
section 52(5) of the Contracts of Employment and Redundancy Payments
Act (Northern Ireland) 1965.

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 3
1965 c.19

3.(1) Where a collective agreement made before or after the
commencement of this Act contains any provision applying specifically
to men only or to women only, the agreement may be referred, by
any party to it or by the Department, to the Industrial Court
constituted under Part I of the Industrial Courts Act 1919 to
declare what amendments need to be made in the agreement, in
accordance with subsection (4), so as to remove that discrimination
between men and women.

(2) Where on a reference under subsection (1) the Industrial Court
have declared the amendments needing to be made in a collective
agreement in accordance with that subsection, then

(a)in so far as the terms and conditions of a person's employment
are dependent on that agreement, they shall be ascertained by
reference to the agreement as so amended, and any contract
regulating those terms and conditions shall have effect accordingly;
and

[(b)if an award or determination is, or has been, made under any
statutory provision requiring an employer to observe the collective
agreement, that award or determination shall have effect by reference
to the agreement as so amended.]

(3) On a reference under subsection (1) the Industrial Court may
direct that all or any of the amendments needing to be made in
the collective agreement shall be treated as not becoming effective
until a date after their decision, or as having been effective from
a date before their decision but not before the reference to them,
and may specify different dates for different purposes; and
subsection (2) and any such contract, award or determination as is
there mentioned shall have or be deemed to have had effect
accordingly.

(4) Subject to section 6, the amendments to be made in a
collective agreement under this section shall be such as are needed

(a)to extend to both men and women any provision applying
specifically to men only or to women only; and

(b)to eliminate any resulting duplication in the provisions of the
agreement in such a way as not to make the terms and conditions
agreed for men, or those agreed for women, less favourable in any
respect than they would have been without the amendments;

(5) For the purposes of this section "collective agreement" means
any agreement as to terms and conditions of employment, being an
agreement between

(a)parties who are or represent employers or organisations of
employers or associations of such organisations; and

(b)parties who are or represent organisations of employees or
associations of such organisations;

(6) Subsections (1) to (4) (except subsection (2)(b) and subsection
(3) in so far as it relates to subsection (2)(b)) shall have
effect in relation to an employer's pay structure as they have
effect in relation to a collective agreement, with the adaptation
that a reference to the Industrial Court may be made by the
employer or by the Department, and for this purpose "pay structure"
means any arrangements adopted by an employer (with or without any
associated employer) which fix common terms and conditions of
employment for his employees or any class of his employees, and of
which the provisions are generally known or open to be known by
the employees concerned.

(7) In this section

(a)"employment" and related expressions, and the reference to an
associated employer, shall be construed in the same way as in
section 1;

(b)"transferred provision" has the meaning assigned to it by section
1(g) of the Interpretation Act (Northern Ireland) 1954;

1954 c.33

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 4

4.(1) Where a wages regulation order made before or after the
commencement of this Act contains any provision applying specifically
to men only or to women only, the order may be referred by the
Department to the Industrial Court to declare what amendments need
to be made in the order, in accordance with the like rules as
apply under section 3(4) to the amendment under that section of a
collective agreement, so as to remove that discrimination between men
and women; and when the Court have declared the amendments needing
to be so made, the Department may by order coming into operation
not later than five months after the date of the Court's decision
direct that (subject to any further wages regulation order) the
order referred to the Court shall have effect subject to those
amendments.

(2) A wages regulation order shall be referred to the Industrial
Court under this section if the Department is requested so to refer
it either

(a)by a member or members of the wages council concerned with the
order who was or who were appointed as representing employers; or

(b)by a member or members of that wages council who was or who
were appointed as representing workers;

(3) Where by virtue of section 11(1) of the Wages Councils Act
(Northern Ireland) 1945 a contract between a worker and an employer
is to have effect with modifications specified in section 11(1),
then (without prejudice to the general saving in section 10(7) of
that Act for rights conferred by or under other Acts) the contract
so modified shall have effect subject to any further term implied
by virtue of section 1.

(4) In this section "wages regulation order" means an order made or
having effect as if made under section 10 of the Wages Councils
Act (Northern Ireland) 1945.

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 5
1945 c.21

5.(1) Where an agricultural wages order made before or after the
commencement of this Act contains any provision applying specifically
to men only or to women only, the order may be referred by the
Department to the Industrial Court to declare what amendments need
to be made in the order, in accordance with the like rules as
apply under section 3(4) to the amendment under that section of a
collective agreement, so as to remove that discrimination between men
and women; and when the Court have declared the amendments needing
to be so made, it shall be the duty of the Agricultural Wages
Board, by a further agricultural wages order coming into operation
not later than five months after the date of the Court's decision,
either to make those amendments in the order referred to the Court
or otherwise to replace or amend that order so as to remove the
discrimination.

(2) Where the Agricultural Wages Board certify that the effect of
an agricultural wages order is only to make such amendments of a
previous order as have under this section been declared by the
Industrial Court to be needed, or to make such amendments as
aforesaid with minor modifications or modifications of limited
application, or is only to revoke and reproduce with such amendments
a previous order, then the Board may instead of complying with
section 2(8) and (9) of the Agricultural Wages Act serve notice of
the proposed order in such manner as appears to the Board expedient
in the circumstances, and may make the order at any time after the
expiration of seven days from the service of the notice.

(3) An agricultural wages order shall be referred to the Industrial
Court under this section if the Department is requested so to refer
it either

(a)by a body for the time being entitled to appoint to the
Agricultural Wages Board persons representing employers; or

(b)by a body for the time being entitled to appoint to the Board
persons representing workers;

(4) In this section "the Agricultural Wages Board" means the
Agricultural Wages Board for Northern Ireland, "the Agricultural Wages
Act" means the Agricultural Wages (Regulation) Act (Northern Ireland)
1939 and "agricultural wages order" means an order of the
Agricultural Wages Board under the Agricultural Wages Act.

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 6
1939 c.25

6.[(1) Neither an equality clause nor the provisions of section 3(4)
shall operate in relation to terms

(a)affected by compliance with the laws regulating the employment of
women, or

(b)affording special treatment to women in connection with pregnancy
or childbirth.

(1A) An equality clause and those provisions

(a)shall operate in relation to terms relating to membership of an
occupational pension scheme (within the meaning of the Social
Security Pensions (Northern Ireland) Order 1975) so far as those
terms relate to any matter in respect of which the scheme has to
conform with the equal access requirements of Part V of that Order;
but

(b)subject to this, shall not operate in relation to terms related
to death or retirement, or to any provision made in connection with
death or retirement.]

(2) Any reference in this section to retirement includes retirement,
whether voluntary or not, on grounds of age, length of service or
incapacity.

Ss.79 rep. by 1976 NI 15 art.11 sch.1 Pt.I

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 10
Exclusion from ss.1 to 5 of pensions etc.

10.(1) This Act may be cited as the Equal Pay Act (Northern
Ireland) 1970.

(2) In this Act the expressions "man" and "woman" shall be read as
applying to persons of whatever age.

[(3) In this Act references to its commencement shall be construed
as references to 29th December 1975.]

Short title and interpretation.