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Section 7A: Service pay and conditions.

Equal Pay Act 1970 · 1970 c. 41View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

REPEALED on 2010-10-01 by Equality Act 2010.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

Sections 1 and 6 above shall apply, with the modifications mentioned in subsection (2) below and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.

In the application of those sections to service by a woman in any of the armed forces—

references to a contract of employment shall be regarded as references to the terms of service;
in section 1, in subsection (6), paragraph (c) and the words “or any associated employer” and subsections (6A) to (11) (which have no application) and subsection (13) shall be omitted; and
references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.

Subsections (5) to (10) below apply in relation to any claim by a woman (“the claimant”) arising from a contravention of a term of service referred to in subsection (3) above.

No complaint in respect of the claim shall be presented to an employment tribunal unless—

the claimant has made a service complaint in respect of the claim; and
the Defence Council have made a determination with respect to the service complaint.

Regulations may make provision enabling a complaint in respect of the claim to be presented to an employment tribunal in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) above would otherwise preclude its presentation.

Where a complaint is presented to an employment tribunal by virtue of regulations under subsection (6) above, the service complaint procedures may continue after the complaint is presented.

No determination may be made by an employment tribunal in proceedings on a complaint in respect of the claim unless the complaint is presented on or before the qualifying date (determined in accordance with section 7AA below).

A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages

in proceedings in England and Wales, in respect of a time earlier than the arrears date (determined in accordance with section 7AB below), and
in proceedings in Scotland, in respect of a time before the period determined in accordance with section 7AC below.

Section 2A above shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an employment tribunal under section 2(1) above.

Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this section and sections 7AA to 7AC below—

  • “ armed forces ” means the naval, military or air forces of the Crown; and

  • “ service complaint ” means a complaint under section 334 of the Armed Forces Act 2006; “ the service complaint procedures ” means the procedures prescribed by regulations under that section.

Provisions of this section and sections 7AA to 7AC below, and provisions applied by this section, framed with reference to women and their treatment relative to men are to be read as applying equally in a converse case to men and their treatment relative to women.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.