Regulation 3 Circumstances in which an audit must not be ordered
(1)
A tribunal must not order the respondent to carry out an audit where it considers that—
(a)
an audit completed by the respondent in the previous 3 years meets the requirements set out in regulation 6;
(b)
it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing;
(c)
the breach which the tribunal has found gives no reason to think that there may be other breaches; or
(d)
the disadvantages of an audit would outweigh its benefits.
(2)
In paragraph (1), “previous 3 years” means the 3 years preceding the date on which the tribunal issues a judgment, orally or in writing, stating that there has been an equal pay breach.