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Article 11 Equal Pay Act (Northern Ireland) 1970

Northern Ireland

Para.(1) substitutes s. 1(1)‐(3) of 1970 c.32 (NI)

(2)

Section 1(1) of the Equal Pay Act (as set out in paragraph (1)) does not apply in determining for the purposes of Article 8(1)( b) the terms on which employment is offered.

(3)

Where a person offers a woman employment on certain terms, and if she accepted the offer then, by virtue of an equality clause, any of those terms would fall to be modified, or any additional term would fall to be included, the offer shall be taken to contravene Article 8(1)( b).

(4)

Where a person offers a woman employment on certain terms, and paragraph (3) would apply but for the fact that, on her acceptance of the offer, section 1(3) of the Equal Pay Act (as set out in paragraph (1)) would prevent the equality clause from operating, the offer shall be taken not to contravene Article 8(1)( b).

(5)

An act does not contravene Article 8(2) if—

(a)

it contravenes a term modified or included by virtue of an equality clause, or

(b)

it would contravene such a term but for the fact that the equality clause is prevented from operating by section 1(3) of the Equal Pay Act.

Para.(6), with Schedule 1, effects amendments

F1(7)

In its application to any discrimination falling within F2Article 4A or 4B , this Article shall have effect with the omission of paragraphs (3), (4) and (5)(b).

Annotations

Textual amendments

F1

SR 1999/311

F2

Words in art. 11(7) substituted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 12

Notes on the whole Order

Textual amendments

F1

function transf. by SR 1999/481

Notes on Part III

Textual amendments

F1

SR 2005/426