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EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 1

1.[(1) If the terms of a contract under which a woman is employed at an
establishment in Northern Ireland do not include (directly or by reference to
a collective agreement or otherwise) an equality clause they shall be deemed
to include one.

(2) An equality clause is a provision which relates to terms (whether
concerned with pay or not) of a contract under which a woman is employed (the
"woman's contract"), and has the effect that

(a)where the woman is employed on like work with a man in the same employment

(i)if (apart from the equality clause) any term of the woman's contract is or
becomes less favourable to the woman than a term of a similar kind in the
contract under which that man is employed, that term of the woman's contract
shall be treated as so modified as not to be less favourable, and

(ii)if (apart from the equality clause) at any time the woman's contract does
not include a term corresponding to a term benefiting that man included in the
contract under which he is employed, the woman's contract shall be treated as
including such a term;

(b)where the woman is employed on work rated as equivalent with that of a man
in the same employment

(i)if (apart from the equality clause) any term of the woman's contract
determined by the rating of the work is or becomes less favourable to the
woman than a term of a similar kind in the contract under which that man is
employed, that term of the woman's contract shall be treated as so modified as
not to be less favourable, and

(ii)if (apart from the equality clause) at any time the woman's contract does
not include a term corresponding to a term benefiting that man included in the
contract under which he is employed and determined by the rating of the work,
the woman's contract shall be treated as including such a term.

(3) An equality clause shall not operate in relation to a variation between
the woman's contract and the man's contract if the employer proves that the
variation is genuinely due to a material difference (other than the difference
of sex) between her case and his.]

(4) ...

(5) A woman is to be regarded as employed on like work with men if, but only
if, her work and theirs is of the same or a broadly similar nature, and the
differences (if any) between the things she does and the things they do are
not of practical importance in relation to terms and conditions of employment;
and accordingly in comparing her work with theirs regard shall be had to the
frequency or otherwise with which any such differences occur in practice as
well as to the nature and extent of the differences.

(6) A woman is to be regarded as employed on work rated as equivalent with
that of any men if, but only if, her job and their job have been given an
equal value, in terms of the demand made on a worker under various headings
(for instance effort, skill, decision), on a study undertaken with a view to
evaluating in those terms the jobs to be done by all or any of the employees
in an undertaking or group of undertakings, or would have been given an equal
value but for the evaluation being made on a system setting different values
for men and women on the same demand under any heading.

(7) Subject to [the following subsections], for the purposes of this section

(a)"employed" means employed under a contract of service or of apprenticeship
or a contract personally to execute any work or labour, and related
expressions shall be construed accordingly;

Para.(b) rep. by 1976 NI 15 art.11 sch.1 Pt.I

(c)two employers are to be treated as associated if one is a company of which
the other (directly or indirectly) has control or if both are companies of
which a third person (directly or indirectly) has control;

Subs.(8) rep. by 1978 NI 15 art.11 sch.1 Pt.I

[(9) This section shall apply to

(a)service for purposes of a Minister of the Crown or government department,
other than service of a person holding a statutory office, or

(b)service on behalf of the Crown for purposes of a person holding a
statutory office or purposes of a statutory body,

(10) Subsection (9) does not apply in relation to service in

(a)the naval, military or air forces of the Crown, or

(b)any women's service administered by the Defence Council.

(11) In this section "statutory body" means a body set up by or in pursuance
of a statutory provision (as defined by section 1(f) of the Interpretation Act
(Northern Ireland) 1954), and "statutory office" means an office so set up;
and service "for purposes of" a Minister of the Crown or government department
does not include service in any office in Schedule 2 (Ministerial offices) to
the House of Commons Disqualification Act 1975 as for the time being in
force.]

[(12) For the purposes of this Act it is immaterial whether the law which
(apart from this subsection) is the proper law of a contract is the law of any
part of the United Kingdom or not.

(13) In this Act "Northern Ireland" includes such of the territorial waters of
the United Kingdom as are adjacent to Northern Ireland.

(14) Provisions of this section and section 2 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.]

© 1970 Crown Copyright

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