SCHEDULE 8Consequential etc. provisions
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004546
1
Schedule 6 to those Regulations (The Employment Tribunals (Equal Value) Rules of Procedure)61 is amended as follows.
2
In rule 2(1)—
a
in the definition of “comparator”, omit “as described in section 1(2)(c) of the Equal Pay Act”;
b
omit the definition of “Equal Pay Act”;
c
for the definition of “equal value claim” substitute—
“equal value claim” means a claim relating to a breach of a sex equality clause or rule within the meaning of the Equality Act in a case involving work within section 65(1)(c) of that Act;
d
in the definition of “independent expert”, for “section 2A(4) of the Equal Pay Act” substitute “section 131(8) of the Equality Act”;
e
in the definition of “the question”, omit “as described in section 1(2)(c) of the Equal Pay Act”;
f
in the definition of “report”, for “section 2A(1)(b) of the Equal Pay Act” substitute “section 131(2) of the Equality Act”.
3
After rule 2(3), insert the following—
4
A reference in this Schedule to one person’s work being of equal value to another’s is to be construed in accordance with section 65(6) of the Equality Act.
4
In rule 4(1), for “any work is of equal value as mentioned in section 1(2)(c) of the Equal Pay Act” substitute “one person’s work is of equal value to another’s”.
5
In rule 4(3)(a)62—
a
for “section 2A(2) of the Equal Pay Act” substitute “section 131(6) of the Equality Act”;
b
for “section 2A(2A) of that Act” substitute “that section”.
6
In rule 4(3)(b), for “section 2A(1) of the Equal Pay Act” substitute “section 131(2) of the Equality Act”.
7
In rule 4(4)63, for “section 2A(2A) of the Equal Pay Act” substitute “section 131(6) of the Equality Act”.
8
In rule 4(5), for “section 1(3) of the Equal Pay Act (defence of a genuine material factor)” substitute “section 69 of the Equality Act (defence of material factor)”.