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58 Communications

(1) In their application to communications the following provisions apply in
relation to a disabled person within subsection (2) as they apply in relation to
20a disabled person who is a member of an occupational pension scheme—

(a) section 57;

(b) section 114;

(c) section 120;

(d) paragraph 19 of Schedule 8 (and such other provisions of that Schedule
25as apply for the purposes of that paragraph).

(2) A disabled person within this subsection is a disabled person who is—

(a) entitled to the present payment of dependants’ or survivors’ benefits
under the scheme, or

(b) a pension credit member of the scheme.

(3) 30Communications include—

(a) the provision of information;

(b) the operation of a dispute resolution procedure.

Chapter 3 Equality of terms

35Sex equality

59 Relevant types of work

Sections 61 to 65 apply where—

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(a) a person (A) is employed on work that is equal to the work that a
colleague of the opposite sex (B) does;

(b) a person (A) holding a personal or public office does work that is equal
to the work that a colleague (B) of the opposite sex does.

60 5Equal work

(1) For the purposes of this Chapter, A’s work is equal to that of B if it is—

(a) like B’s work,

(b) rated as equivalent to B’s work, or

(c) of equal value to B’s work.

(2) 10A’s work is like B’s work if—

(a) A’s work and B’s work are the same or broadly similar, and

(b) such differences as there are between their work are not of practical
importance in relation to the terms of their work.

(3) So on a comparison of one person’s work with another’s for the purposes of
15subsection (2), it is necessary to have regard to—

(a) the frequency with which differences between their work occur in
practice, and

(b) the nature and extent of the differences.

(4) A’s work is rated as equivalent to B’s work if a job evaluation study—

(a) 20gives an equal value to A’s job and B’s job in terms of the demands
made on a worker, or

(b) would give an equal value to A’s job and B’s job in those terms were the
evaluation not made on a sex-specific system.

(5) A system is sex-specific if, for the purposes of one or more of the demands
25made on a worker, it sets values for men different from those it sets for women.

(6) A’s work is of equal value to B’s work if it is—

(a) neither like B’s work nor rated as equivalent to B’s work, but

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(b) nevertheless equal to B’s work in terms of the demands made on A by
reference to factors such as effort, skill and decision-making.

61 Sex equality clause

(1) If the terms of A’s work do not (by whatever means) include a sex equality
5clause, they are to be treated as including one.

(2) A sex equality clause is a provision that has the following effect—

(a) if a term of A’s is less favourable to A than a corresponding term of B’s
is to B, A’s term is modified so as not to be less favourable;

(b) if A does not have a term which corresponds to a term of B’s that
10benefits B, A’s terms are modified so as to include such a term.

(3) Subsection (2)(a) applies to a term of A’s relating to membership of or rights
under an occupational pension scheme only in so far as a sex equality rule
would have effect in relation to the term.

(4) In the case of work within section 60(1)(b), a reference in subsection (2) above
15to a term includes a reference to such terms (if any) as have not been
determined by the rating of the work (as well as those that have).

62 Sex equality rule

(1) If an occupational pension scheme does not include a sex equality rule, it is to
be treated as including one.

(2) 20A sex equality rule is a provision that has the following effect—

(a) if a relevant term is less favourable to A than it is to B, the term is
modified so as not to be less favourable;

(b) if a term confers a relevant discretion capable of being exercised in a
way that would be less favourable to A than to B, the term is modified
25so as to prevent the exercise of the discretion in that way.

(3) A term is relevant if it is—

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(a) a term on which persons become members of the scheme, or

(b) a term on which members of the scheme are treated.

(4) A discretion is relevant if its exercise in relation to the scheme is capable of
affecting—

(a) 5the way in which persons become members of the scheme, or

(b) the way in which members of the scheme are treated.

(5) The reference in subsection (3)(b) to a term on which members of a scheme are
treated includes a reference to the term as it has effect for the benefit of
dependants of members.

(6) 10The reference in subsection (4)(b) to the way in which members of a scheme are
treated includes a reference to the way in which they are treated as the scheme
has effect for the benefit of dependants of members.

(7) If the effect of a relevant matter on persons of the same sex differs according to
their family, marital or civil partnership status, a comparison for the purposes
15of this section of the effect of that matter on persons of the opposite sex must
be with persons who have the same status.

(8) A relevant matter is—

(a) a relevant term;

(b) a term conferring a relevant discretion;

(c) 20the exercise of a relevant discretion in relation to an occupational
pension scheme.

(9) This section, so far as relating to the terms on which persons become members
of an occupational pension scheme, does not have effect in relation to
pensionable service before 8 April 1976.

(10) 25This section, so far as relating to the terms on which members of an
occupational pension scheme are treated, does not have effect in relation to
pensionable service before 17 May 1990.

63 Sex equality rule: consequential alteration of schemes

(1) This section applies if the trustees or managers of an occupational pension
30scheme do not have power to make sex equality alterations to the scheme.

(2) This section also applies if the trustees or managers of an occupational pension
scheme have power to make sex equality alterations to the scheme but the
procedure for doing so—

(a) is liable to be unduly complex or protracted, or

(b) 35involves obtaining consents which cannot be obtained or which can be
obtained only with undue delay or difficulty.

(3) The trustees or managers may by resolution make sex equality alterations to
the scheme.

(4) Sex equality alterations may have effect in relation to a period before the date
40on which they are made.

(5) Sex equality alterations to an occupational pension scheme are such alterations
to the scheme as may be required to secure conformity with a sex equality rule.

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64 Defence of material factor

(1) The sex equality clause in A’s terms has no effect in relation to a difference
between A’s terms and B’s terms if the responsible person shows that the
difference is because of a material factor—

(a) 5which is not the difference of sex, or

(b) which is within subsection (2).

(2) A factor is within this subsection if—

(a) A shows that, as a result of the factor, A and persons of the same sex
doing work equal to A’s are put at a particular disadvantage when
10compared with persons of the opposite sex doing work equal to A’s,
but

(b) the responsible person shows that relying on the factor is a
proportionate means of achieving a legitimate aim.

(3) For the purposes of subsection (2), the long-term objective of reducing
15inequality between men’s and women’s terms of work is always to be
regarded as a legitimate aim.

(4) A sex equality rule has no effect in relation to a difference between A and B in
the effect of a relevant matter if the trustees or managers of the scheme in
question show that the difference is because of a material factor which is not
20the difference of sex.

(5) “Relevant matter” has the meaning given in section 62.

(6) For the purposes of this section, a factor is not material unless it is a material
difference between A’s case and B’s.

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65 Exclusion of sex discrimination provisions

(1) The relevant sex discrimination provision has no effect in relation to a term of
A’s that—

(a) is modified by, or included by virtue of, a sex equality clause or rule, or

(b) 5would be so modified or included but for section 64 or Part 2 of
Schedule 7.

(2) Neither of the following is sex discrimination for the purposes of the relevant
sex discrimination provision—

(a) the inclusion in A’s terms of a term that is less favourable as referred to
10in section 61(2)(a);

(b) the failure to include in A’s terms a corresponding term as referred to
in section 61(2)(b).

(3) The relevant sex discrimination provision is, in relation to work of a
description given in the first column of the table, the provision referred to in
15the second column so far as relating to sex.

Description of work Provision
Employment Section 36(2)
Appointment to a personal office Section 46(6)
Appointment to a public office Section 47(6)
66 20Sex discrimination in relation to contractual pay

(1) This section applies in relation to a term of a person’s work—

(a) that relates to pay, but

(b) in relation to which a sex equality clause or rule has no effect.

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(2) The relevant sex discrimination provision (as defined by section 65) has no
effect in relation to the term except in so far as treatment of the person amounts
to a contravention of the provision by virtue of section 13.

Pregnancy and maternity equality

67 5Relevant types of work

Sections 68 to 71 apply where a woman—

(a) is employed, or

(b) holds a personal or public office.

68 Maternity equality clause

(1) 10If the terms of the woman’s work do not (by whatever means) include a
maternity equality clause, they are to be treated as including one.

(2) A maternity equality clause is a provision that, in relation to the terms of the
woman’s work, has the effect referred to in section 69(1), (6) and (8).

(3) In the case of a term relating to membership of or rights under an occupational
15pension scheme, a maternity equality clause has only such effect as a maternity
equality rule would have.

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69 Maternity equality clause: pay

(1) A term of the woman’s work that provides for maternity-related pay to be
calculated by reference to her pay at a particular time is, if each of the following
three conditions is satisfied, modified as mentioned in subsection (5).

(2) 5The first condition is that, after the time referred to in subsection (1) but before
the end of the protected period—

(a) her pay increases, or

(b) it would have increased had she not been on maternity leave.

(3) The second condition is that the maternity-related pay is not—

(a) 10what her pay would have been had she not been on maternity leave, or

(b) the difference between the amount of statutory maternity pay to which
she is entitled and what her pay would have been had she not been on
maternity leave.

(4) The third condition is that the terms of her work do not provide for the
15maternity-related pay to be subject to—

(a) an increase as mentioned in subsection (2)(a), or

(b) an increase that would have occurred as mentioned in subsection (2)(b).

(5) The modification referred to in subsection (1) is a modification to provide for
the maternity-related pay to be subject to—

(a) 20any increase as mentioned in subsection (2)(a), or

(b) any increase that would have occurred as mentioned in subsection
(2)(b).

(6) A term of her work that—

(a) provides for pay within subsection (7), but

(b) 25does not provide for her to be given the pay in circumstances in which
she would have been given it had she not been on maternity leave,

is modified so as to provide for her to be given it in circumstances in which it
would normally be given.

(7) Pay is within this subsection if it is—

(a) 30pay (including pay by way of bonus) in respect of times before the
woman is on maternity leave,

(b) pay by way of bonus in respect of times when she is on compulsory
maternity leave, or

(c) pay by way of bonus in respect of times after the end of the protected
35period.

(8) A term of the woman’s work that—

(a) provides for pay after the end of the protected period, but

(b) does not provide for it to be subject to an increase to which it would
have been subject had she not been on maternity leave,

40is modified so as to provide for it to be subject to the increase.

(9) Maternity-related pay is pay (other than statutory maternity pay) to which a
woman is entitled—

(a) as a result of being pregnant, or

(b) in respect of times when she is on maternity leave.

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(10) A reference to the protected period is to be construed in accordance with
section 17.

70 Maternity equality rule

(1) If an occupational pension scheme does not include a maternity equality rule,
5it is to be treated as including one.

(2) A maternity equality rule is a provision that has the effect set out in subsections
(3) and (4).

(3) If a relevant term does not treat time when the woman is on maternity leave as
it treats time when she is not, the term is modified so as to treat time when she
10is on maternity leave as time when she is not.

(4) If a term confers a relevant discretion capable of being exercised so that time
when she is on maternity leave is treated differently from time when she is not,
the term is modified so as not to allow the discretion to be exercised in that
way.

(5) 15A term is relevant if it is—

(a) a term relating to membership of the scheme,

(b) a term relating to the accrual of rights under the scheme, or

(c) a term providing for the determination of the amount of a benefit
payable under the scheme.

(6) 20A discretion is relevant if its exercise is capable of affecting—

(a) membership of the scheme,

(b) the accrual of rights under the scheme, or

(c) the determination of the amount of a benefit payable under the scheme.

(7) This section does not require the woman’s contributions to the scheme in
25respect of time when she is on maternity leave to be determined otherwise than
by reference to the amount she is paid in respect of that time.

(8) This section, so far as relating to time when she is on ordinary maternity leave
but is not being paid by her employer, applies only in a case where the
expected week of childbirth began on or after 6 April 2003.

(9) 30This section, so far as relating to time when she is on additional maternity leave
but is not being paid by her employer—

(a) does not apply to the accrual of rights under the scheme in any case;

(b) applies for other purposes only in a case where the expected week of
childbirth began on or after 5 October 2008.

(10) 35In this section—

(a) a reference to being on maternity leave includes a reference to having
been on maternity leave, and

(b) a reference to being paid by the employer includes a reference to
receiving statutory maternity pay from the employer.

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71 Exclusion of pregnancy and maternity discrimination provisions

(1) 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.

(2) 5The inclusion in the woman’s terms of a term that requires modification by
virtue of section 68(2) or (3) is not pregnancy and maternity discrimination for
the purposes of the relevant pregnancy and maternity discrimination
provision.

(3) The relevant pregnancy and maternity discrimination provision is, in relation
10to 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 36(2)
Appointment to a personal office Section 46(6)
Appointment to a public office 15Section 47(6)

Disclosure of information

72 Discussions with colleagues

(1) A term of a person’s work that prevents or restricts the person (P) from being
involved in discussions with colleagues about the terms of P’s work is
20unenforceable against P in so far as P is involved in a relevant pay discussion.

(2) A relevant pay discussion is a discussion with a colleague—

(a) which is about pay, and

(b) which relates to whether or to what extent there is, in relation to the
work in question, a connection between pay and having (or not having)
25a particular protected characteristic.

(3) Being involved in a discussion includes—

(a) seeking the disclosure by a colleague of information;

(b) disclosing information to a colleague;

(c) receiving information disclosed by a colleague.

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(4) Being involved in a relevant pay discussion is to be treated as a protected act
for the purposes of the relevant victimisation provision.

(5) The relevant victimisation provision is, in relation to a description of work
specified in the first column of the table, section 25 in so far as it applies for the
5purposes of a provision mentioned in the second column.

Description of work Provision by virtue of which
section 25 has effect
Employment Section 36(3) or (4)
Appointment to a personal office Section 46(5) or (8)
Appointment to a public office 10Section 47(5) or (9)

(6) A reference to a colleague includes a reference to a person who used to be a
colleague in relation to the work in question.

73 Gender pay gap information

(1) A Minister of the Crown may by regulations require employers to publish
15information relating to the pay of employees for the purpose of showing
whether, by reference to factors of such description as is prescribed, there are
differences in the pay of male and female employees.

(2) This section does not apply to—

(a) an employer who has fewer than 250 employees;

(b) 20a person specified in Schedule 19.

(3) The regulations may prescribe—

(a) descriptions of employer;

(b) descriptions of employee;

(c) how to calculate the number of employees that an employer has;

(d) 25descriptions of information;

(e) the time at which information is to be published;

(f) the form and manner in which it is to be published.

(4) Regulations under subsection (3)(e) may not require an employer, after the first
publication of information, to publish information more frequently than at
30intervals of 12 months.

(5) The regulations may make provision for a failure to comply with the
regulations—

(a) to be an offence punishable on summary conviction by a fine not
exceeding level 5 on the standard scale;

(b) 35to be enforced, otherwise than as an offence, by such means as is
prescribed.

(6) The reference to a failure to comply with the regulations includes a reference
to a failure by a person acting on behalf of an employer.

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Supplementary

74 Colleagues

(1) This section applies for the purposes of this Chapter.

(2) If A is employed, B is a colleague of A’s only if subsection (3) or (4) applies.

(3) 5This subsection applies if—

(a) B is employed by A’s employer or by an associate of A’s employer, and

(b) A and B work at the same establishment.

(4) This subsection applies if—

(a) B is employed by A’s employer or an associate of A’s employer,

(b) 10B works at an establishment other than the one at which A works, and

(c) common terms apply at the establishments (either generally or as
between A and B).

(5) If A holds a personal or public office, B is a colleague of A’s only if—

(a) B holds a personal or public office, and

(b) 15the person responsible for paying A is also responsible for paying B.

(6) If A is a relevant member of the House of Commons staff, B is a colleague of
A’s only if—

(a) B is employed by the person who is A’s employer under subsection (6)
of section 195 of the Employment Rights Act 1996, or

(b) 20if subsection (7) of that section applies in A’s case, B is employed by the
person who is A’s employer under that subsection.

(7) If A is a relevant member of the House of Lords staff, B is a colleague of A’s
only if B is also a relevant member of the House of Lords staff.

(8) Section 39 does not apply to this Chapter; accordingly, for the purposes of this
25Chapter only, holding the office of constable is to be treated as holding a
personal office.

(9) For the purposes of this section, employers are associated if—

(a) one is a company of which the other (directly or indirectly) has control,
or

(b) 30both are companies of which a third person (directly or indirectly) has
control.

75 Interpretation and exceptions

(1) This section applies for the purposes of this Chapter.

(2) The terms of a person’s work are—

(a) 35if the person is employed, the terms of the person’s employment that
are in the person’s contract of employment, contract of apprenticeship
or contract to do work personally;

(b) if the person holds a personal or public office, the terms of the person’s
appointment to the office.

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(3) If work is not done at an establishment, it is to be treated as done at the
establishment with which it has the closest connection.

(4) A person (P) is the responsible person in relation to another person if—

(a) P is the other’s employer;

(b) 5P is responsible for paying remuneration in respect of a personal or
public office that the other holds.

(5) A job evaluation study is a study undertaken with a view to evaluating, in
terms of the demands made on a person by reference to factors such as effort,
skill and decision-making, the jobs to be done—

(a) 10by some or all of the workers in an undertaking or group of
undertakings, or

(b) in the case of the armed forces, by some or all of the members of the
armed forces.

(6) In the case of Crown employment, the reference in subsection (5)(a) to an
15undertaking is to be construed in accordance with section 191(4) of the
Employment Rights Act 1996.

(7) “Civil partnership status” has the meaning given in section 124(1) of the
Pensions Act 1995.

(8) Schedule 7 (exceptions) has effect.