Regulation 3 Circumstances in which an audit must not be ordered
A tribunal must not order the respondent to carry out an audit where it considers that—
the information which would be required to be included in the audit under regulation 6 were the tribunal to make an order, is already available from an audit which has been completed by the respondent in the previous 3 years;
it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing;
the breach which the tribunal has found gives no reason to think that there may be other breaches; or
the disadvantages of an audit would outweigh its benefits.
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.