Part II E+W+S[F1 EMPLOYMENT FIELD]

Textual Amendments

F1 Pt. 2 Heading: words substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 7(1)

Modifications etc. (not altering text)

C1 Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)

C2 Pt. II (ss. 6–21): excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(a), 5(1)(2)(a)(3)(4)(7); excluded by S.I. 1989/2420, art. 3; excluded (1.2.1994) by Measure 1993 No. 2, s. 6; Instrument dated 31.1.1994 made by Archbishops of Canterbury and York

Discrimination by employers E+W+S

[F2 [F3 6AException relating to terms and conditions during maternity leave E+W+S

(1) Subject to subsection (2), section 6(1)(b) and (2) does not make it unlawful to deprive a woman who is on maternity leave of any benefit from the terms and conditions of her employment relating to remuneration.

(2) The reference in subsection (1) to benefit from the terms and conditions of a woman's employment relating to remuneration does not include a reference to—

(a) maternity-related remuneration (including maternity-related remuneration that is increase-related),

(b) remuneration (including increase-related remuneration) in respect of times when the woman is not on maternity leave, or

(c) remuneration by way of bonus in respect of times when a woman is on compulsory maternity leave.

(3) For the purposes of subsection (2), remuneration is increase-related so far as it falls to be calculated by reference to increases in remuneration that the woman would have received had she not been on maternity leave.

(4) In this section—“maternity-related remuneration”, in relation to a woman, means remuneration to which she is entitled as a result of being pregnant or being on maternity leave;“on compulsory maternity leave” means absent from work in consequence of the prohibition in section 72(1) of the Employment Rights Act 1996;“on maternity leave” means—

(a) on compulsory maternity leave,

(b) absent from work in exercise of the right conferred by section 71(1) of the Employment Rights Act 1996 (ordinary maternity leave), or

(c) absent from work in exercise of the right conferred by section 73(1) of that Act (additional maternity leave); and

“remuneration” means benefits—

(a) that consist of the payment of money to an employee by way of wages or salary, and

(b) that are not benefits whose provision is regulated by the employee's contract of employment.]]

Textual Amendments

F2 S. 6A inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 8

F3 S. 6A substituted (6.4.2008 with application as stated in reg. 1(3) of the amending S.I.) by The Sex Discrimination Act 1975 (Amendment) Regulations 2008 (S.I. 2008/656), reg. 5