Section 66 — Equality Act 2010: Sex equality clause

Sex equality clause 66 1 If the terms of A's work do not (by whatever means) include a sex equality clause, they are to be treated as including one.

2 Where this section applies by virtue of section 64(1), a sex equality clause is a provision that has the following effect—

a if a term of A's is less favourable to A than a corresponding term of B's is to B, A's term is modified so as not to be less favourable;

b if A does not have a term which corresponds to a term of B's that benefits B, A's terms are modified so as to include such a term.

3 Subsection (2)(a) applies to a term of A's relating to membership of or rights under an occupational pension scheme only in so far as a sex equality rule would have effect in relation to the term.

4 In the case of work within section 65(1)(b), a reference in subsection (2) above to a term includes a reference to such terms (if any) as have not been determined by the rating of the work (as well as those that have).

5 Where this section applies by virtue of section 64(3), a sex equality clause is a provision that has the effect that if, by virtue of the application of the guaranteed minimum pension provisions, a term of A’s that relates to membership of or rights under the scheme concerned is less favourable to A than it would be if A were of the opposite sex, the term, in so far as a sex equality rule would have effect in relation to it, is modified so as not to be less favourable. 6 “ Guaranteed minimum pension provisions ” means so much of the Pension Schemes Act 1993 and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act).