Equal Pay Act (Northern Ireland) 1970

[F1 6A F2 Service pay and conditions. N.I.

(1) Sections 1 and 6 shall apply, with the modifications mentioned in subsection (2) and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.

(2) In the application of those sections to service by a woman in any of the armed forces—

(a) references to a contract of employment shall be regarded as references to the terms of service;

(b) in section 1, in subsection (7), paragraph (c) and the words “or any associated employer” and[F3 subsections (7A) to (12)] (which have no application)[F4 and subsection (14)] shall be omitted; and

(c) references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.

(3) Any claim in respect of the contravention of a term of service modified or included, in relation to a woman's service in any of the armed forces, by a term corresponding to an equality clause in a contract of employment (including a claim for arrears of pay or damages in respect of the contravention) may be presented by way of complaint to an industrial tribunal.

Any such contravention shall be regarded for the purposes of a claim under this subsection as if it were a breach of contract.

(4) Subsections (5) to (10) apply in relation to any claim by a woman ("the claimant") arising from a contravention of a term of service referred to in subsection (3).

(5) No complaint in respect of the claim shall be presented to an industrial tribunal unless—

(a) the claimant has made [F5 a service complaint in respect of the claim] ; and

(b) the Defence Council have made a determination with respect to the [F6 service complaint] .

(6) Regulations made by the Secretary of State may make provision enabling a complaint in respect of the claim to be presented to an industrial tribunal in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) would otherwise preclude its presentation.

(7) Where a complaint is presented to an industrial tribunal by virtue of regulations under subsection (6), [F7 the service complaint procedures] may continue after the complaint is presented.

[F4 (8) A determination may not be made by an industrial tribunal in proceedings on a complaint in respect of the claim unless the complaint is presented on or before the qualifying date (determined in accordance with section 6AA).]

(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages in respect of a time earlier than[F4 the arrears date (determined in accordance with section 6AB).]

(10) Section 2A shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an industrial tribunal under section 2(1).

(11) Regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(12) In this section[F4 and sections 6AA and 6AB]

• “armed forces” means the naval, military or air forces of the Crown; and

• [F8 “service complaint” means a complaint under section 334 of the Armed Forces Act 2006;

• “the service complaint procedures” means the procedures prescribed by regulations under that section.]

[F4 (13) Provisions of this section and sections 6AA and 6AB, and provisions applied by this section, 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.]]

F1 1996 c. 46

F2 mod. by SR 2005/377

F3 SR 2005/426

F4 SR 2004/171

F5 Words in s. 6A(5)(a) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 57(2)(a); S.I. 2007/2913, art. 3

F6 Words in s. 6A(5)(b) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 57(2)(b); S.I. 2007/2913, art. 3

F7 Words in s. 6A(7) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 57(3); S.I. 2007/2913, art. 3

F8 Definition of "the service redress procedures" in s. 6A(12) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 57(4); S.I. 2007/2913, art. 3

Modifications etc. (not altering text)

C1 S. 6A(5) modified (24.4.2009) by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(b), 196(1)(b)

C2 S. 6A(7) modified (24.4.2009) by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(b), 196(2)(b)