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The Equal Pay (Questions and Replies) Order 2003

S.I. 2003/722 · Made 13 March 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SEX DISCRIMINATION

Made 13th March 2003

Laid before Parliament 14th March 2003

Coming into force 6th April 2003

The Secretary of State, in exercise of the powers conferred upon her by section 7B of the Equal Pay Act 1970f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1970 c. 41; section 7B was inserted by the Employment Act 2002 (c. 22), section 42.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Forms for questions and replies
  3. 3Period for service of questions
  4. 4Period for service of reply
  5. 5Manner of service of questions and replies
  6. Signature
  7. Schedule 1The Equal Pay Act 1970 s. 7B(2)(a)
  8. Schedule 2The Equal Pay Act 1970 s. 7B(2)(b)
  9. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Equal Pay (Questions and Replies) Order 2003 and shall come into force on 6th April 2003.

(2)

In this Order—

  • “the Act” means the Equal Pay Act 1970;

  • “tribunal” means an employment tribunal.

2Forms for questions and replies

The forms set out in Schedules 1 and 2 to this Order or forms to the like effect are, respectively, hereby prescribed as forms by which—

(a)

a complainant may question a respondent as mentioned in subsection (2)(a) of section 7B of the Act; and

(b)

a respondent may if he so wishes reply to any questions.

3Period for service of questions

The period prescribed for the purposes of subsection (7)(a) of section 7B of the Act (period within which questions must be duly served in order to be admissible in proceedings before a tribunal under subsection (3) or (5) of section 7B) shall be—

(a)

where a question was served before a complaint or reference had been presented or made to a tribunal, the period starting on 6th April 2003 and ending on the day before a complaint is presented to a tribunal; or

(b)

where a question was served at or after the time when a complaint or reference had been presented or made to a tribunal—

(i)

the period of twenty-one days beginning with the day on which the complaint or reference was presented or made; or

(ii)

any longer period that the tribunal may on application allow.

4Period for service of reply

The period prescribed for the purpose of subsections (4)(a) and (6)(a) of section 7B (power of the tribunal to draw inferences from an employer’s failure to reply to a question within such period) shall be—

(a)

except where sub-paragraph (b) applies, the period of eight weeks starting on the day that a question was duly served; or

(b)

where a question was asked before 6th April 2003, the period of eight weeks starting on 6th April 2003.

5Manner of service of questions and replies

Questions or, as the case may be, replies may be duly served—

(a)

where the person to be served is the respondent, by delivering the question to him, or by sending it by post to him at his usual or last known residence or place of business; or

(b)

where the person to be served is the complainant, by delivering the reply to her, or sending it by post to her at her address for reply as stated by her in the document containing the questions or, if no address is so stated, at her usual or last known residence; or

(c)

where the person to be served is a body corporate or is a trade union or employers' association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992f1, by delivering it to the secretary or clerk of the body, union or association at its registered or principal office or by sending it by post to the secretary or clerk at that office; or

(d)

where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service.

Signature

Patricia Hewitt,

Secretary of State for Trade and Industry

13th March 2003

Schedule 1The Equal Pay Act 1970 s. 7B(2)(a)

Question Form (for complainant)

Schedule 2The Equal Pay Act 1970 s. 7B(2)(b)

Reply Form (for respondent)

Explanatory note

(This note is not part of the Order)

Article 2 of this Order prescribes the forms which may be used for the purposes mentioned in section 7B of the Equal Pay Act 1970 (“the Act”). The form set out in Schedule 1 is for use (if she so wishes) by a person (“the complainant”) who wishes to question another (“the respondent”) whom she considers may have discriminated against her, in contravention of the Act, as regards her terms and conditions of employment, including pay. The form set out in Schedule 2 is for use by the respondent (if he so wishes) when replying.

Article 3 relates to the period within which questions must be served on the respondent if they are to be admissible as evidence in proceedings before an employment tribunal (in pursuance of subsections (3) and (5) of section 7B of the Act) and article 4 relates to the period within which the respondent needs to reply, failing which the tribunal may draw an inference from a deliberate or unreasonable failure to reply (in accordance with subsections (4)(a) and (6)(a) of that section).

Article 5 relates to the manner of service of questions and replies.