Section 76 Exclusion of pregnancy and maternity discrimination provisions
England, Wales and Scotland
The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work that is modified by a maternity equality clause or rule.
The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work—
that relates to pay, but
in relation to which a maternity equality clause or rule has no effect.
The inclusion in the woman's terms of a term that requires modification by virtue of section 73(2) or (3) is not pregnancy and maternity discrimination for the purposes of the relevant pregnancy and maternity discrimination provision.
The relevant pregnancy and maternity discrimination provision is, in relation to a description of work given in the first column of the table, the provision referred to in the second column so far as relating to pregnancy and maternity.
| Description of work | Provision |
|---|---|
| Employment | Section 39(2) |
| Appointment to a personal office | Section 49(6) |
| Appointment to a public office | Section 50(6) |
Annotations
Textual amendments
- F1
S. 76(1A) inserted (30.10.2010) by The Equality Act 2010 (Amendment) Order 2010 (S.I. 2010/2622), art. 2
Notes on Part 5
Modifications
- C1
Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))
- C2
Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
- C3
Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
- C4
Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
- C5
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5