Section 131 — Equality Act 2010: Assessment of whether work is of equal value

Assessment of whether work is of equal value 131 1 This section applies to proceedings before an employment tribunal on—

a a complaint relating to a breach of an equality clause or rule, or b a question referred to the tribunal by virtue of section 128(2).

2 Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question.

3 The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may—

a request the panel member to provide it with specified documentation;

b make such other requests to that member as are connected with the withdrawal of the requirement.

4 If the tribunal requires the preparation of a report under subsection (2) (and does not withdraw the requirement), it must not determine the question unless it has received the report.

5 Subsection (6) applies where—

a a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B),

and b A's work and B's work have been given different values by a job evaluation study.

6 The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study—

a was based on a system that discriminates because of sex, or b is otherwise unreliable.

7 For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made.

8 A reference to a member of the panel of independent experts is a reference to a person—

a who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service ( ACAS ) for the purposes of this section, and b who is neither a member of the Council of ACAS nor one of its officers or members of staff. 9 “ Job evaluation study ” has the meaning given in section 80(5).