OpenLegislation

Regulation 3 Circumstances in which an audit must not be ordered

Original text. Later amendments are not shown.

(1)

A tribunal must not order the respondent to carry out an audit where it considers that—

(a)

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;

(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.