F1C12A
1
Where on a complaint or reference made to an F2employment tribunal under section 2 above, a dispute arises as to whether any work is of equal value as mentioned in section 1(2)(c) above the tribunal F3may either—
a
proceed to determine that question; or
b
unless it is satisfied that there are no reasonable grounds for determining that the work is of equal value as so mentioned, require a member of the panel of independent experts to prepare a report with respect to that question;
and, if it requires the preparation of a report under paragraph (b) of this subsection, it shall not determine that question unless it has received the report.
2
Without prejudice to the generality of F4. . . subsection (1) above, there shall be taken, for the purposes of F5that subsection, to be no reasonable grounds for determining that the work of a woman is of equal value as mentioned in section 1(2)(c) above if—
a
that work and the work of the man in question have been given different values on a study such as is mentioned in section 1(5) above; and
b
there are no reasonable grounds for determining that the evaluation contained in the study was (within the meaning of subsection (3) below) made on a system which discriminates on grounds of sex.
3
An evaluation contained in a study such as is mentioned in section 1(5) above is made on a system which discriminates on grounds of sex where a difference, or coincidence, between values set by that system on different demands under the same or different headings is not justifiable irrespective of the sex of the person on whom those demands are made.
4
In paragraph (b) of subsection (1) above the reference to a member of the panel of independent experts is a reference to a person who is for the time being designated by the Advisory, Conciliation and Arbitration Service for the purposes of that paragraph as such a member, being neither a member of the Council of that Service nor one of its officers or servants.