EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 2 Disputes as to, and enforcement of, requirement of equal treatment.

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EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 2

Disputes as to, and enforcement of, requirement of equal treatment.

2.[(1) Any claim in respect of the contravention of a term modified or
included by virtue of an equality clause, including a claim for arrears of
remuneration or damages in respect of the contravention, may be presented by
way of a complaint to an industrial tribunal.]

[(1A) Where a dispute arises in relation to the effect of an equality clause
the employer may apply to an industrial tribunal for an order declaring the
rights of the employer and the employee in relation to the matter in
question.]

(2) Where it appears to the Ministry of Health and Social Services (in
this Act referred to as "the Ministry") that there may be a question whether
the employer of any women is or has been [contravening a term modified or
included by virtue of their equality clauses], but that it is not reasonable
to expect them to take steps to have the question determined, the question may
be referred by the Department [as respects all or any of them] to an
industrial tribunal and shall be dealt with as if the reference were of a
claim by the women [or woman] against the employer.

(3) Where it appears to the court in which any proceedings are pending that a
claim or counter-claim in respect of the operation of an [equality clause]
could more conveniently be disposed of separately by an industrial tribunal,
the court may direct that the claim or counter-claim shall be struck out; and
(without prejudice to the foregoing) where in proceedings before any court a
question arises as to the operation of an [equality clause], the court may on
the application of any party to the proceedings or otherwise refer that
question, or direct it to be referred by a party to the proceedings, to an
industrial tribunal for determination by the tribunal, and may stay the
proceedings in the meantime.

(4) A claim in respect of the operation of an [equality clause] relating to a
woman's employment shall not be referred to an industrial tribunal otherwise
than by virtue of subsection (3), if she has not been employed in the
employment within the six months preceding the date of the reference.

(5) A woman shall not be entitled, in proceedings brought in respect of a
failure to comply with an [equality clause] (including proceedings before an
industrial tribunal), to be awarded any payment by way of arrears of
remuneration or damages in respect of a time earlier than two years before the
date on which the proceedings were instituted.

Subs.(6) rep. by 1976 NI 15 art.11 sch.1 Pt.I

(7) In this section "industrial tribunal" means a tribunal established under
section 13 of the Industrial Training Act (Northern Ireland) 1964, and there
may be paid out of money provided by Parliament any additional amounts which
by virtue of this section are so payable under section 13(3) of that Act, as
amended by section 52(5) of the Contracts of Employment and Redundancy
Payments Act (Northern Ireland) 1965.

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Northern Irish Legislation

EQUAL PAY ACT (NORTHERN IRELAND) 1970 - SECT 2