EQUAL PAY ACT 1970 (Hansard, 18 June 1975)

§ Mr. John Fraser
I beg to move Amendment No. 18, in page 7, line 23, leave out from his' to end of line 30.

Mr. Deputy Speaker
With this it will be convenient to discuss Amendment No. 86, in Schedule 1, page 52, line 37, leave out from 'his' to end of line 43.

§ Mr. Fraser
Several hon. Members expressed doubt in Committee as to the inclusion in Section 1(3) of the Equal Pay Act, as submitted by the Bill, of the examples of what constitutes a "material difference", and I dealt with this matter in Committee. I asked for guidance from members of the Committee. I am afraid 1507 I did not get any guidance. I have, however, reconsidered the matter without guidance.
It is not our intention to make unnecessary alterations to the wording of the Equal Pay Act, and because the examples we put into the Bill are not in the Act at present and are not strictly necessary, and because representations from outside sources have asked for the examples to be withdrawn, we have decided to amend the Bill in the form of this amendment.

§ Mr. Ian Gilmour
What effect does this amendment have? Does it make the clause more restrictive or less restrictive than it was previously?

§ Mr. Fraser
The problem is that the insertion of the two examples was felt to make the Equal Pay Act more restrictive. That is why we have decided to take out the examples.

§ Mr. John Fraser
I beg to move Amendment No. 19, in page 7, line 37, leave out 'deemed to be included in her contract of employment'. This is a technical amendment designed to ensure that it is unlawful to make a discriminatory offer of employment in the case where an employer includes an express equality clause in all his workers' contracts. This is already the case where the equality clause would be deemed to be included in the woman's subsequent contract of employment by virtue of substituted Section 1(1) of the Equal Pay Act, if she accepted the job offered to her.