Regulation 9 Modification of the Equal Pay Act: no power to award damages in relation to an equality clause in connection with pension rights

In the case of a claim made in respect of a breach of an equality clause which relates to membership of or rights under a scheme, other than a claim to which regulation 12 applies, section 2 of the Equal Pay Act shall have effect as if for subsection (5) there were substituted—

“(5)

A woman shall not be entitled, in proceedings brought in respect of a failure to comply with an equality clause (including proceedings before an industrial tribunal), to be awarded any payment by way of arrears of benefits or damages.”.