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Equality Bill, continued

(3)	For the purposes of this section, “pay” means the ordinary basic or minimum

wage or salary and any other consideration, whether in cash or kind, which the

worker receives directly or indirectly, in respect of his employment, from his

employer and includes the cost to the employer of—

(a)	any pensions contributions paid by the employer in respect of the worker,

(b)	any bonus or other performance related or incentive payment, and

(c)	any discretionary benefit granted to a worker in connection with his or

her employment.

(4)	The Secretary of State shall prescribe by regulations any further information

which employers must publish pursuant to subsection (1), the form in which the

information must be published, and the degree of publicity to be made.

(5)	In make such regulations the Secretary of State shall adopt best practice for

promoting awareness of the nature and causes of any pay gap between persons of

different genders as set out by the International Labour Organisation from time to

time.

(6)	The Secretary of State shall consult with the Equality and Human Rights

Commission as to how to ensure that the regulations shall contain best practice

prior to the making of the first regulations and no less than every five years

thereafter and shall amend the regulations as necessary to ensure that best practice

is maintained.

(7)	Where an employer fails to publish information in accordance with this section

then an employer shall not be entitled to submit a material factor defence in

accordance with section 64 in relation to any period for which they are in breach

of their obligations under this section.

(8)	Where the information published by an employer reveals that there is a difference

in the average pay of men and women doing relevant types of work as set out in

section 59, then in any proceedings to enforce a sex equality rule or a sex equality

clause it shall be presumed that there is such a breach unless the employer can

show a material factor defence.

(9)	The regulations may make provision for a failure to comply with the

regulations—

(a)	to be an offence punishable on summary conviction by a fine not

exceeding level 5 on the standard scale;

(b)	to be enforced, otherwise than as an offence, by such means as is

prescribed.

(10)	The reference to a failure to comply with the regulations includes a reference to

a failure by a person acting on behalf of an employer.

(11)	An employer shall publish information pursuant to subsection (1) within one year

of the coming into force of this Act.

(12)	Where an employer (A) is able to determine the terms and conditions of

employment as between another employer (B) and its employees, A shall publish

the information that B would otherwise be required to publish in a way which is

consolidated with the information for all other employees of A whose terms and

conditions A may determine, and where A publishes consolidated information B

shall not be in breach of this section if it does not publish any information.

(13)	A designated employer means an employer who has more than 100 employees.’.

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Equality Bill, continued

Relevant types of work (No. 2)

Dr Evan Harris

Lynne Featherstone

NC24

To move the following Clause:—

‘(1)	Sections 61 to 65 apply where—

(a)	a person (A) is employed on work that is equal to the work that a

colleague of the opposite sex (B) does;

(b)	a person (A) holding a personal or public office does work that is equal

to the work that colleague (B) of the opposite sex does.

(2)	To the extent set out in sections 61 to 64, those sections also apply where A does

not have a colleague B who does work that falls within subsection (1), because

there is no such person of the opposite sex to A.’.

Defence of material factor (No. 2)

Dr Evan Harris

Lynne Featherstone

NC25

To move the following Clause:—

‘(1)	The sex equality clause in A’s terms has no effect in relation to a difference

between A’s terms and B’s terms if the responsible person shows that the

difference is because of a material factor—

(a)	which does not constitute discrimination because of sex within the

meaning of section 13, and

(b)	which is within subsection (2).

(2)	A factor is within this subsection if—

(a)	as a result of the factor, A and persons of the same sex as A are or would

be put at a particular disadvantage when compared with persons of the

opposite sex, but

(b)	the responsible person shows that relying on the factor is objectively

justified by a legitimate aim and the means of achieving that aim are

appropriate and necessary.

(3)	A sex equality rule has no effect in relation to a difference between A and B in

the effect of a relevant matter if the trustees or managers of the scheme in question

show that the difference is because of a material factor which—

(a)	does not constitute discrimination because of sex within the meaning of

section 13 and

(b)	which is within subsection (2).

(4)	“Relevant matter” has the meaning given in section 62.

(5)	For the purposes of this section, a factor is not material unless it is a material

difference between A’s case and B’s.’.

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Equality Bill, continued

The Solicitor General

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Order of the House [11 MAY 2009]

That the following provisions shall apply to the Equality Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 7 July 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Orders of the Committee [2 and 9 June 2009]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

2 June) meet—

(a)	at 4.00 pm on Tuesday 2 June;

(b)	at 10.30 am and 4.00 pm on Tuesday 9 June;

(c)	at 9.00 am and 1.00 pm on Thursday 11 June;

(d)	at 10.30 am and 4.00 pm on Tuesday 16 June;

(e)	at 9.00 am and 1.00 pm on Thursday 18 June;

(f)	at 10.30 am and 4.00 pm on Tuesday 23 June;

(g)	at 9.00 am and 1.00 pm on Thursday 25 June;

(h)	at 10.30 am and 4.00 pm on Tuesday 30 June;

(i)	at 9.00 am and 1.00 pm on Thursday 2 July;

(j)	at 10.30 am and 4.00 pm on Tuesday 7 July;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

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Equality Bill, continued

	Date	Time	Witness
	Tuesday 2 June	Until no later	Equality and Diversity Forum
		than 12 noon	Equality and Human Rights
			Commission
			Tribunals Service
	Tuesday 2 June	Until no later	Help the Aged and Age Concern
		than 1.00 pm	Children’s Rights Alliance
			Disability Charities Consortium
			RADAR
			Carers UK
	Tuesday 2 June	Until no later	Stonewall
		than 5.00 pm	Press for Change
			Runnymede Trust
			Race on the Agenda
	Tuesday 2 June	Until no later	Fawcett Society
		than 6.00 pm	Women’s National Commission
			Women Like Us
	Tuesday 9 June	Until no later	British Humanist Association
		than 11.30 am	General Synod of the Church of
			England
			Catholic Bishops’ Conference,
			Muslim Women’s Network
			Board of Deputies of British Jews
	Tuesday 9 June	Until no later	Confederation of British Industry
		than 1.00 pm	Association of British Insurers
			Federation of Small Businesses
			Chartered Institute of Personnel
			and Development
			Trades Union Congress
	Tuesday 9 June	Until no later	Government Equalities Office
		than 5.00 pm

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 6; Schedule 1; Clauses 7 to 29; Schedules 2 and

3; Clauses 30 to 35; Schedules 4 and 5; Clauses 36 to 49; Schedule 6; Clauses

50 to 75; Schedule 7; Clauses 76 to 78; Schedules 8 and 9; Clauses 79 to 83;

Schedule 10; Clause 84; Schedule 11; Clauses 85 to 89; Schedule 12; Clauses

90 to 93; Schedule 13; Clause 94; Schedule 14; Clauses 95 to 101; Schedules

15 and 16; Clauses 102 to 110; Schedule 17; Clauses 111 to 143; Schedule

18; Clause 144; Schedule 19; Clauses 145 to 179; Schedule 20; Clauses 180

to 182; Schedule 21; Clauses 183 and 184; Schedule 22; Clauses 185 to 189;

Schedule 23; Clauses 190 and 191; Schedule 24; Clauses 192 and 193;

Schedule 25; Clauses 194 to 198; Schedules 26 and 27; Clauses 199 to 201;

Schedule 28; Clauses 202 to 205; new Clauses; new Schedules; remaining

proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 7 July.

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Revised 25 June 2009