Part 9Enforcement
Chapter 4Equality of terms
I1131Assessment of whether work is of equal value
1
This section applies to proceedings before an employment tribunal on—
a
a complaint relating to a breach of an equality clause or rule, or
b
a question referred to the tribunal by virtue of section 128(2).
2
Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question.
3
The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may—
a
request the panel member to provide it with specified documentation;
b
make such other requests to that member as are connected with the withdrawal of the requirement.
4
If the tribunal requires the preparation of a report under subsection (2) (and does not withdraw the requirement), it must not determine the question unless it has received the report.
5
Subsection (6) applies where—
a
a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B), and
b
A's work and B's work have been given different values by a job evaluation study.
6
The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study—
a
was based on a system that discriminates because of sex, or
b
is otherwise unreliable.
7
For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made.
8
A reference to a member of the panel of independent experts is a reference to a person—
a
who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service (ACAS) for the purposes of this section, and
b
who is neither a member of the Council of ACAS nor one of its officers or members of staff.
9
“Job evaluation study” has the meaning given in section 80(5).