First Previous (Part 4 Amendment of Pensions Act 1990)

24 2004

Equality Act 2004

SCHEDULE

Amendments of Act of 1998 Referred to in Section 46

Section 46 .

Section of Act of 1998

Amendment

Section 77.

1. Substitution of following subsection for subsections (1) and (2):

“(1) A person who claims—

(a) to have been discriminated against or subjected to victimisation,

(b) to have been dismissed in circumstances amounting to discrimination or victimisation,

(c) not to be receiving remuneration in accordance with an equal remuneration term, or

(d) not to be receiving a benefit under an equality clause,

in contravention of this Act may, subject to subsections (3) to (9), seek redress by referring the case to the Director.”.

2. Substitution of following subsection for subsection (3):

“(3) If the grounds for such a claim arise—

(a) under Part III, or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or Equal Treatment Directive is relevant,

then, subject to subsections (4) to (9), the person making the claim may seek redress by referring the case to the Circuit Court instead of to the Director.”.

3. In subsections (8) and (10), deletion of “, (2)”.

Section 78.

4. Deletion of subsection (2).

5. Substitution of the following subsection for subsection (3):

“(3) If the complainant or respondent objects to a case being dealt with by way of mediation, the Director shall not exercise his or her powers under this section but shall deal with the case under section 79.”.

6. In subsection (4), deletion of “, whether by an equality mediation officer or by the Labour Court,”.

7. In subsection (5), deletion of—

(a) “or, as the case may be, the Labour Court” where it occurs in paragraphs (a) and (c), and

(b) “or the Labour Court, as the case may require” in paragraph (d).

8. Substitution of following subsection for subsection (6):

“(6) If, after a case has been referred to an equality mediation officer under subsection (1), it appears to the officer that the case cannot be resolved by mediation, he or she shall issue a notice to that effect to the complainant and respondent.”.

9. In subsection (7) (as amended by section 34 ), deletion of “or, as the case may be, the Labour Court” and “or the Labour Court, as the case may require,”.

Section 79.

10. In subsection (1), deletion of—

(a) “or the Labour Court”,

(b) “or the Labour Court, as the case may be”,

and

(c) “or that Court”.

11. In subsection (2), deletion of words after “in private”.

12. In subsection (4), deletion of—

(a) “or, as the case may be, the Labour Court”,

(b) “the Labour Court”, and

(c) the words from “; and any such” to “Employment”.

13. In subsection (5), deletion of “or the Labour Court”.

14. In subsection (6) (as amended by section 35 (b)), deletion of—

(a) “or, as the case may be, the Labour Court shall make a determination”, and

(b) “or determination”.

Section 81.

15. Substitution of “or the Director” for each reference to “, the Director or the Labour Court”.

Section 82.

16. In subsection (1)—

(a) substitution of “specified;” for “specified.” in paragraph (e), and

(b) addition of following paragraph:

“(f) an order for re-instatement or re-engagement, with or without an order for compensation.”.

17. Deletion of subsection (2).

18. In subsection (3)—

(a) substitution of “paragraphs (c) to (f)” for “paragraphs (c) to (e)”, and

(b) deletion of paragraph (d).

19. In subsection (4)—

(a) insertion of “or (1)(f)” after “(1)(c)”, and

(b) deletion of “or the Labour Court” and “or by that Court under subsection (2)(b)”.

20. In subsection (5), deletion of—

(a) “or the Labour Court”, and

(b) “or the Labour Court, as the case may be,”.

Section 84.

21. Deletion of subsection (1).

22. In subsection (3), substitution of “subsection (2)” for “subsection (1) or (2)”.

Section 88.

23. In subsection (3) (a), deletion of “or determination”.

Section 90.

24. Substitution of following subsections for subsections (1) to (6):

“(1) Where a determination is made by the Labour Court on an appeal under this Part, either of the parties may appeal to the High Court on a point of law.

(2) The Labour Court may—

(a) refer to the High Court a point of law arising in the course of such an appeal, and

(b) if it thinks it appropriate, adjourn the appeal pending the outcome of the reference.”.

Section 91.

25. In subsection (3)(a), deletion of each reference to “determination or”.

Section 92.

26. In subsection (3), insertion of “or decision” after each reference to “determination”.

Section 93.

27. In subsection (1), insertion of “or decision” after “determination”.

Section 98.

28. In subsection (2), substitution of “Director” for “Labour Court”.

29. In subsection (5), substitution of—

(a) “Director” for “Labour Court”,

(b) “paragraph (c) or (f) of section 81(1)” for “section 82(2)”, and

(c) “Director's decision” for “Labour Court's determination”.

Section 101.

30. Substitution of subsection (2) by the following:

“(2) Where an individual has referred a case to the Director under section 77(1) and either a settlement has been reached by mediation or the Director has begun an investigation under section 79, the individual—

(a) shall not be entitled to recover damages at common law in respect of the case, and

(b) if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal.”.

31. In subsection (4), deletion of opening words to and including “the dismissal” and insertion of “An employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if”.

32. Deletion of subsection (6).

Section 103.

33. In subsection (3), deletion of—

(a) “or determination” in paragraph (b), and

(b) “90,” in paragraph (d).

Section 104.

34. In subsection (1), deletion of “, the Labour Court”.

35. In subsection (2)(a), deletion of “or the Labour Court”.