Part 9Enforcement

Chapter 4Equality of terms

I1135Supplementary

1

This section applies for the purposes of sections 132 to 134.

2

A standard case is a case which is not—

a

a concealment case,

b

an incapacity case, or

c

a concealment case and an incapacity case.

3

A concealment case in relation to an equality clause is a case where—

a

the responsible person deliberately concealed a qualifying fact (as defined by section 130) from the worker, and

b

the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

4

A concealment case in relation to an equality rule is a case where—

a

the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 130) from the member, and

b

the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact.

5

An incapacity case is a case where the worker or member—

a

had an incapacity when the breach first occurred, and

b

commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity.

6

A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 132(5)(a) F1or 134(6)(a) is, as a result of subsection (7) below, reckoned as a period of more than F25 years; and—

a

if, as a result of subsection (7), that period is reckoned as a period of more than 5 years but no more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is that extended period;

b

if, as a result of subsection (7), that period is reckoned as a period of more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is a period of 20 years.

7

For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member—

a

had an incapacity, or

b

was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error).

8

For the purposes of subsection (7)—

a

a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person;

b

an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person;

c

a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme;

d

an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme.

9

A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned.

10

In relation to terms of service, a reference in section 132(5) or subsection (3) or (5)(b) of this section to commencing proceedings is to be read as a reference to making a service complaint.

11

A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member.

12

In relation to proceedings before a court—

a

a reference to a complaint is to be read as a reference to a claim, and

b

a reference to a complainant is to be read as a reference to a claimant.