Employment Equality Act 1998

Special provisions related to persons with disabilities.

35

35.— F64 [ (1) Nothing in this Part or Part II shall make it unlawful for an employer to provide, for an employee with a disability, a particular rate of remuneration for work of a particular description if, by reason of the disability, the amount of that work done by the employee during a particular period is less than the amount of similar work done, or which could reasonably be expected to be done, during that period by an employee without the disability. ]

(2) Nothing in this Part or Part II shall make it unlawful for an employer or any other person to provide, for a person with a disability, special treatment or facilities where the provision of that treatment or those facilities—

( a) enables or assists that person to undertake vocational training, to take part in a selection process or to work, or

( b) provides that person with a training or working environment suited to the disability, or

( c) otherwise assists that person in relation to vocational training or work.

(3) Where, by virtue of subsection (1) or (2), D, as a person with a disability, receives a particular rate of remuneration or, as the case may be, special treatment or facilities, C, as a person without a disability, or with a different disability, shall not be entitled under this Act to that rate of remuneration, that treatment or those facilities.

F65 [ (4) References in this section to a particular rate of remuneration are to a rate of remuneration which is not below the minimum rate to which the employee concerned is entitled under the National Minimum Wage Act 2000 . ]

Annotations:

Amendments:

F64

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 24(a), commenced on enactment.

F65

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 24(b), commenced on enactment.