Explanatory Notes

Equality Act 2010

2010 CHAPTER 15

8 April 2010

Commentary on Sections

Part 5: Work

Chapter 3: Equality of terms
Section 73: Maternity equality clause
Effect

249.This section requires that a woman’s contract must be read as including a maternity equality clause. Section 74 sets out how a maternity equality clause modifies a woman’s pay. No comparator is required in these cases.

250.A maternity equality clause is capable of affecting the terms of an occupational pension scheme but only in the way a maternity equality rule (as described in section 75) would. This ensures that the provisions relating to pregnancy and maternity equality of terms at work and the provision governing pension schemes in section 75 operate effectively together.

Background

251.This section reflects provisions of the Equal Pay Act 1970.