Commentary on Sections Part 5: Work Chapter 3: Equality of terms 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.