Employment Equality Act 1998

Provisions in certain agreements and orders.

9

9. (1) In a case where—

( a) an agreement or order to which this section applies contains a provision in which differences in rates of remuneration are based on any of the discriminatory grounds, and

( b) in relation to a person to whom the agreement or order relates, that provision conflicts with an equal remuneration term in that person’s contract of employment,

then, subject to subsection (4), that provision shall be null and void.

(2) If an agreement or order to which this section applies contains a provision which does not fall within subsection (1) but which gives rise to discrimination in relation to any of the matters in paragraphs (a) to (e) of section 8(1) then, subject to subsection (4), that provision shall be null and void.

(3) This section applies to the following agreements and orders, whether made before or after the coming into operation of this section:

( a) collective agreements;

( b) employment regulation orders, within the meaning of Part IV of the Industrial Relations Act, 1946; and

( c) registered employment agreements, within the meaning of Part III of that Act.

(4) In the case of a provision which—

( a) is contained in an agreement or order made before the coming into operation of this section, and

( b) is discriminatory on a ground other than the gender ground,

subsection (1) or, as the case may be, subsection (2) shall not apply until the first anniversary of the date on which this section comes into operation; and, accordingly, until that date, the equal remuneration term or equality clause in a person’s contract of employment shall not override any such provision of an agreement or order which relates to that person.