(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)F4 ... require a member of the panel of independent experts to prepare a report with respect to that question;
F5 ... ]
[F6(1A)Subsections (1B) and (1C) below apply in a case where the tribunal has required a member of the panel of independent experts to prepare a report under paragraph (b) of subsection (1) above.
(1B)The tribunal may –
(a)withdraw the requirement, and
(b)request the member of the panel of independent experts to provide it with any documentation specified by it or make any other request to him connected with the withdrawal of the requirement.
(1C)If the requirement has not been withdrawn under paragraph (a) of subsection (1B) above, the tribunal shall not make any determination under paragraph (a) of subsection (1) above unless it has received the report.]
[F7(2)Subsection (2A) below applies in a case where –
(a)a tribunal is required to determine whether any work is of equal value as mentioned in section 1(2)(c) above, and
(b)the work of the woman and that of the man in question have been given different values on a study such as is mentioned in section 1(5) above.]
[F8(2A)The tribunal shall determine that the work of the woman and that of the man are not of equal value unless the tribunal has reasonable grounds for suspecting that the evaluation contained in the study –
(a)was (within the meaning of subsection (3) below) made on a system which discriminates on grounds of sex, or
(b)is otherwise unsuitable to be relied upon.]
(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)[F9In this section a] 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.]
Textual Amendments
F1S. 2A inserted by S.I. 1983/1794, reg. 3(1)
F2Words in s. 2A substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(a), 16(2)(3); S.I. 1998/1658, art. 2(1), Sch. 1
F3Words in s. 2A(1) substituted (31.7.1996) by S.I. 1996/438, reg. 3(2)
F4Words in s. 2A(1)(b) omitted (01.10.2004) (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of Equal Pay Act 1970 (Amendment) Regulations 2004 (S.I. 2004/2352), regs. 1(1), 2(2)(a) (with reg. 1(3))
F5Words in s. 2A(1) omitted (01.10.2004) (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of Equal Pay Act 1970 (Amendment) Regulations 2004 (S.I. 2004/2352), regs. 1(1), 2(2)(b) (with reg. 1(3))
F6Ss. 2A(1A)-(1C) inserted (01.10.2004) (with application in accordance with reg. 1(2) of the amending S.I.) by Equal Pay Act 1970 (Amendment) Regulations 2004 (S.I. 2004/2352), regs. 1(1), 2(3) (with reg. 1(3))
F7S. 2A(2) substituted (01.10.2004) (with application in accordance with reg. 1(2) of the amending S.I.) by Equal Pay Act 1970 (Amendment) Regulations 2004 (S.I. 2004/2352), regs. 1(1), 2(4)
F8S. 2A(2A) inserted (01.10.2004) (with application in accordance with reg. 1(2) of the amending S.I.) by Equal Pay Act 1970 (Amendment) Regulations 2004 (S.I. 2004/2352), regs. 1(1), 2(5)
F9Words in s. 2A(4) substituted (01.10.2004) (with application in accordance with reg. 1(2) of the amending S.I.) by Equal Pay Act 1970 (Amendment) Regulations 2004 (S.I. 2004/2352), regs. 1(1), 2(6) (with reg. 1(3))
Modifications etc. (not altering text)
C1S. 2A applied (with modifications) (4.12.1995 for the purpose only of authorising the making of regulations, 1.1.1996 for all other purposes) by 1995 c. 26, s. 63(4) (with s. 121(5)); S.I. 1995/3104, art. 2(2)