(4) If the complaint or application relates to terms of service in the armed forces,
the qualifying period is, in a case mentioned in the first column of the table, the
period mentioned in the second column.

124 Section 123: supplementary

(1) This section applies for the purposes of section 123.

(2) A standard case is a case which is not—

(a) a stable work case,

(b) 5a concealment case,

(c) an incapacity case, or

(d) a concealment case and an incapacity case.

(3) A stable work case is a case where the proceedings relate to a period during
which there was a stable working relationship between the worker and the
10responsible person (including any time after the terms of work had expired).

(4) A concealment case in proceedings relating to an equality clause is a case
where—

(a) the responsible person deliberately concealed a qualifying fact from the
worker, and

(b) 15the worker did not discover (or could not with reasonable diligence
have discovered) the qualifying fact until after the relevant day.

(5) A concealment case in proceedings relating to an equality rule is a case
where—

(a) the employer or the trustees or managers of the occupational pension
20scheme in question deliberately concealed a qualifying fact from the
member, and

(b) the member did not discover (or could not with reasonable diligence
have discovered) the qualifying fact until after the relevant day.

(6) A qualifying fact for the purposes of subsection (4) or (5) is a fact—

(a) 25which is relevant to the complaint, and

(b) without knowledge of which the worker or member could not
reasonably have been expected to bring the proceedings.

(7) An incapacity case in proceedings relating to an equality clause with respect to
terms of work other than terms of service in the armed forces is a case where
30the worker had an incapacity during the period of 6 months beginning with the
later of—

(a) the relevant day, or

(b) the day on which the worker discovered (or could with reasonable
diligence have discovered) the qualifying fact deliberately concealed
35from the worker by the responsible person.

(8) An incapacity case in proceedings relating to an equality clause with respect to
terms of service in the armed forces is a case where the worker had an
incapacity during the period of 9 months beginning with the later of—

(a) the last day of the period of service during which the complaint arose,
40or

(b) the day on which the worker discovered (or could with reasonable
diligence have discovered) the qualifying fact deliberately concealed
from the worker by the responsible person.

(9) An incapacity case in proceedings relating to an equality rule is a case where
45the member of the occupational pension scheme in question had an incapacity
during the period of 6 months beginning with the later of—

(a) the relevant day, or

(b) the day on which the member discovered (or could with reasonable
diligence have discovered) the qualifying fact deliberately concealed
from the member by the employer or the trustees or managers of the
scheme.

(10) 5The relevant day for the purposes of this section is—

(a) the last day of the employment or appointment, or

(b) the day on which the stable working relationship between the worker
and the responsible person ended.

125 Assessment of whether work is of equal value

(1) 10This section applies to proceedings before an employment tribunal on—

(a) a complaint relating to a breach of an equality clause or rule, or

(b) a question referred to the tribunal by virtue of section 122(2).

(2) Where a question arises in the proceedings as to whether one person’s work is
of equal value to another’s, the tribunal may, before determining the question,
15require a member of the panel of independent experts to prepare a report on
the question.

(3) The tribunal may withdraw a requirement that it makes under subsection (2);
and, if it does so, it may—

(a) request the panel member to provide it with specified documentation;

(b) 20make such other requests to that member as are connected with the
withdrawal of the requirement.

(4) If the tribunal requires the preparation of a report under subsection (2) (and
does not withdraw the requirement), it must not determine the question unless
it has received the report.

(5) 25Subsection (6) applies where—

(a) a question arises in the proceedings as to whether the work of one
person (A) is of equal value to the work of another (B), and

(b) A’s work and B’s work have been given different values by a job
evaluation study.

(6) 30The tribunal must determine that A’s work is not of equal value to B’s work
unless it has reasonable grounds for suspecting that the evaluation contained
in the study—

(a) was based on a system that discriminates because of sex, or

(b) is otherwise unreliable.

(7) 35For the purposes of subsection (6)(a), a system discriminates because of sex if
a difference (or coincidence) between values that the system sets on different
demands is not justifiable regardless of the sex of the person on whom the
demands are made.

(8) A reference to a member of the panel of independent experts is to a person—

(a) 40who is for the time being designated as such by the Advisory,
Conciliation and Arbitration Service (ACAS) for the purposes of this
section, and

(b) who is neither a member of the Council of ACAS nor one of its officers
or members of staff.

(9) 45“Job evaluation study” has the meaning given in section 75(5).

126 Remedies in non-pensions cases

(1) This section applies to proceedings before a court or employment tribunal on
a complaint relating to a breach of an equality clause, other than a breach with
respect to membership of or rights under an occupational pension scheme.

(2) 5If the court or tribunal finds that there has been a breach of the equality clause,
it may—

(a) make a declaration as to the rights of the parties in relation to the
matters to which the proceedings relate;

(b) order an award by way of arrears of pay or damages in relation to the
10complainant.

(3) The court or tribunal may not order a payment under subsection (2)(b) in
respect of a time before the arrears day.

(4) In relation to proceedings in England and Wales, the arrears day is, in a case
mentioned in the first column of the table, the day mentioned in the second
15column.

(5) In relation to proceedings in Scotland, the arrears day is the first day of—

(a) the period of 5 years ending with the day on which the proceedings
were commenced, or

(b) 25if the case involves a relevant incapacity, or a relevant fraud or error,
the period of 20 years ending with that day.

127 Remedies in pensions cases

(1) This section applies to proceedings before a court or employment tribunal on
a complaint relating to—

(a) 30a breach of an equality rule, or

(b) a breach of an equality clause with respect to membership of, or rights
under, an occupational pension scheme.

(2) If the court or tribunal finds that there has been a breach as referred to in
subsection (1)—

(a) 35it may make a declaration as to the rights of the parties in relation to the
matters to which the proceedings relate;

(b) it must not order arrears of benefits or damages or any other amount to
be paid to the complainant.

(3) Subsection (2)(b) does not apply if the proceedings are proceedings to which
40section 128 applies.

(4) If the breach relates to a term on which persons become members of the
scheme, the court or tribunal may declare that the complainant is entitled to be
admitted to the scheme with effect from a specified date.

(5) A date specified for the purposes of subsection (4) must not be before 8 April
51976.

(6) If the breach relates to a term on which members of the scheme are treated, the
court or tribunal may declare that the complainant is, in respect of a specified
period, entitled to secure the rights that would have accrued if the breach had
not occurred.

(7) 10A period specified for the purposes of subsection (6) must not begin before 17
May 1990.

(8) If the court or tribunal makes a declaration under subsection (6), the employer
must provide such resources to the scheme as are necessary to secure for the
complainant (without contribution or further contribution by the complainant
15or other members) the rights referred to in that subsection.

128 Remedies in claims for arrears brought by pensioner members

(1) This section applies to proceedings before a court or employment tribunal on
a complaint by a pensioner member of an occupational pension scheme
relating to a breach of an equality clause or rule with respect to a term on which
20the member is treated.

(2) If the court or tribunal finds that there has been a breach referred to in
subsection (1), it may—

(a) make a declaration as to the rights of the complainant and the
respondent in relation to the matters to which the proceedings relate;

(b) 25order an award by way of arrears of benefits or damages or of any other
amount in relation to the complainant.

(3) The court or tribunal must not order an award under subsection (2)(b) in
respect of a time before the arrears day.

(4) If the court or tribunal orders an award under subsection (2)(b), the employer
30must provide such resources to the scheme as are necessary to secure for the
complainant (without contribution or further contribution by the complainant
or other members) the amount of the award.

(5) In relation to proceedings in England and Wales, the arrears day is, in a case
mentioned in the first column of the table, the day mentioned in the second
35column.

(6) In relation to proceedings in Scotland, the arrears day is the first day of—

(a) the period of 5 years ending with the day on which the proceedings
were commenced, or

(b) if the case involves a relevant incapacity, or a relevant fraud or error,
the period of 20 years ending with that day.

129 5Supplementary

(1) This section applies for the purposes of sections 126 to 128.

(2) A standard case is a case which is not—

(a) a concealment case,

(b) an incapacity case, or

(c) 10a 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 124) from the worker, and

(b) the worker commenced the proceedings before the end of the period of
156 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
20by section 124) 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) 25had 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
30of 5 years referred to in section 126(5)(a) is, as a result of subsection (7) below,
reckoned as a period of more than 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) 35was 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
40part 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
5trustees 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 126(5) or subsection (3) or
(5)(b) of this section to commencing proceedings is a reference to making a
service complaint.

(11) 10A 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) 15a reference to a complainant is to be read as a reference to a claimant.

Chapter 5 Miscellaneous

130 Burden of proof

(1) This section applies to any proceedings relating to a contravention of this Act.

(2) 20If there are facts from which the court could decide, in the absence of any other
explanation, that a person (A) contravened the provision concerned, the court
must hold that the contravention occurred.

(3) But subsection (2) does not apply if A shows that A did not contravene the
provision.

(4) 25The reference to a contravention of this Act includes a reference to a breach of
an equality clause or rule.

(5) This section does not apply to proceedings for an offence.

(6) A reference to the court includes a reference to—

(a) an employment tribunal;

(b) 30the Asylum and Immigration Tribunal;

(c) the Special Immigration Appeals Commission;

(d) the First-tier Tribunal;

(e) the Special Educational Needs Tribunal for Wales;

(f) an Additional Support Needs Tribunal for Scotland.

131 Previous findings

(1) A finding in relevant proceedings in respect of an act which has become final
is to be treated as conclusive in proceedings under this Act.

(2) Relevant proceedings are proceedings before a court or employment tribunal
5under any of the following—

(a) section 19 or 20 of the Race Relations Act 1968;

(b) the Equal Pay Act 1970;

(c) the Sex Discrimination Act 1975;

(d) the Race Relations Act 1976;

(e) 10section 6(4A) of the Sex Discrimination Act 1986;

(f) the Disability Discrimination Act 1995;

(g) Part 2 of the Equality Act 2006;

(h) the Employment Equality (Religion and Belief) Regulations 2003 (S.I.
2003/1660);

(i) 15the Employment Equality (Sexual Orientation) Regulations 2003 (S.I.
2003/1661);

(j) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(k) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

(3) A finding becomes final—

(a) 20when an appeal against the finding is dismissed, withdrawn or
abandoned, or

(b) when the time for appealing expires without an appeal having been
brought.

132 Obtaining information etc.

(1) 25In this section—

(a) P is a person who thinks that a contravention of this Act has occurred
in relation to P;

(b) R is a person who P thinks has contravened this Act.

(2) A Minister of the Crown must by order prescribe—

(a) 30forms by which P may question R on any matter which is or may be
relevant;

(b) forms by which R may answer questions by P.

(3) A question by P or an answer by R is admissible as evidence in proceedings
under this Act (whether or not the question or answer is contained in a
35prescribed form).

(4) A court or tribunal may draw an inference from—

(a) a failure by R to answer a question by P before the end of the period of
8 weeks beginning with the day on which the question is served;

(b) an evasive or equivocal answer.

(5) 40Subsection (4) does not apply if—

(a) R reasonably asserts that to have answered differently or at all might
have prejudiced a criminal matter;

(b) R reasonably asserts that to have answered differently or at all would
have revealed the reason for not commencing or not continuing
45criminal proceedings;

(c) R’s answer is of a kind specified for the purposes of this paragraph by
order of a Minister of the Crown;

(d) R’s answer is given in circumstances specified for the purposes of this
paragraph by order of a Minister of the Crown;

(e) 5R’s failure to answer occurs in circumstances specified for the purposes
of this paragraph by order of a Minister of the Crown.

(6) The reference to a contravention of this Act includes a reference to a breach of
an equality clause or rule.

(7) A Minister of the Crown may by order—

(a) 10prescribe the period within which a question must be served to be
admissible under subsection (3);

(b) prescribe the manner in which a question by P, or an answer by R, may
be served.

(8) This section—

(a) 15does not affect any other enactment or rule of law relating to interim or
preliminary matters in proceedings before a county court, sheriff or
employment tribunal, and

(b) has effect subject to any enactment or rule of law regulating the
admissibility of evidence in such proceedings.

133 20Interest

(1) A Minister of the Crown may by regulations make provision—

(a) for enabling an employment tribunal to include interest on an amount
awarded by it in proceedings under this Act;

(b) specifying the manner in which, and the periods and rate by reference
25to which, the interest is to be determined.

(2) A Minister of the Crown may by regulations modify the operation of an order
made under section 14 of the Employment Tribunals Act 1996 (power to make
provision as to interest on awards) in so far as it relates to an award in
proceedings under this Act.

134 Conduct giving rise to separate proceedings

(1) This section applies in relation to conduct which has given rise to two or more
separate proceedings under this Act, with at least one being for a contravention
of section 105.

(2) 5A court may transfer proceedings to an employment tribunal.

(3) An employment tribunal may transfer proceedings to a court.

(4) A court or employment tribunal is to be taken for the purposes of this Part to
have jurisdiction to determine a claim or complaint transferred to it under this
section; accordingly—

(a) 10a reference to a claim within section 108(1) includes a reference to a
claim transferred to a court under this section;

(b) a reference to a complaint within section 114(1) includes a reference to
a complaint transferred to an employment tribunal under this section.

(5) A court or employment tribunal may not make a decision that is inconsistent
15with an earlier decision in proceedings arising out of the conduct.

(6) “Court” means—

(a) in relation to proceedings in England and Wales, a county court;

(b) in relation to proceedings in Scotland, the sheriff.

135 Interpretation, etc.

(1) 20This section applies for the purposes of this Part.

(2) A reference to the responsible person, in relation to an equality clause or rule,
is to be construed in accordance with Chapter 3 of Part 5.

(3) A reference to a worker is a reference to the person to the terms of whose work
the proceedings in question relate; and, for the purposes of proceedings
25relating to an equality rule or a non-discrimination rule, a reference to a worker
includes a reference to a member of the occupational pension scheme in
question.

(4) A reference to the terms of a person’s work is to be construed in accordance
with Chapter 3 of Part 5.

(5) 30A reference to a member of an occupational pension scheme includes a
reference to a prospective member.

(6) In relation to proceedings in England and Wales, a person has an incapacity if
the person—

(a) has not attained the age of 18, or

(b) 35lacks capacity (within the meaning of the Mental Capacity Act 2005).

(7) In relation to proceedings in Scotland, a person has an incapacity if the
person—

(a) has not attained the age of 16, or

(b) is incapable (within the meaning of the Adults with Incapacity
5(Scotland) Act 2000).

(8) “Service complaint” means a complaint under section 334 of the Armed Forces
Act 2006; and “service complaint procedures” means the procedures
prescribed by regulations under that section (except in so far as relating to
references under section 337 of that Act)

(9) 10“Criminal matter” means—

(a) an investigation into the commission of an alleged offence;

(b) a decision whether to commence criminal proceedings;

(c) criminal proceedings.