The Equality Act 2010 (Amendment) Order 2010
This Order amends section 76 of the Equality Act 2010 (c.15) (“the Act”) to ensure that a claim for pregnancy and maternity discrimination cannot be brought in relation to a term of a woman’s work that relates to pay where a maternity equality clause or rule has no effect. Section 76, together with sections 70 and 71 of the Act, are part of Chapter 3 of Part 5 of the Act governing equality of terms at work and are intended to replicate the effect of section 6(6) of the Sex Discrimination Act 1975 (c.65) (“the 1975 Act”). That provision operated so as to prevent a sex discrimination claim from being brought with respect to benefits consisting of the payment of money which was regulated by a contract of employment. Claims for discrimination arising out of such terms were to be brought exclusively under the Equal Pay Act 1970 (c.41) which governed all discrimination claims concerning contractual pay, including those brought in relation to maternity-related pay. Sections 70 and 71 of the Act replicate the effect of section 6(6) of the 1975 Act in relation to claims for sex discrimination concerning contractual pay (subject to the limited new exception in section 71(2) for claims of direct sex discrimination relating to contractual pay). Section 76 of the Act was intended to replicate the effect of section 6(6) of the 1975 Act in relation to claims for pregnancy and maternity discrimination, but only excluded such a claim where there would be a claim under a maternity equality clause or rule. Article 2 of this Order ensures that section 76 will have the same effect as section 6(6) of the 1975 Act by also excluding claims for pregnancy and maternity discrimination relating to contractual pay where a maternity equality clause or rule has no effect.