This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of pay or damages in proceedings in England and Wales on a complaint in respect of a woman’s service in any of the armed forces, for the purposes of section 7A(9)(a) above.
In this section—
“concealment case” means a case where—the employer deliberately concealed from the woman any fact—which is relevant to the contravention to which the proceedings relate, andwithout knowledge of which the woman could not reasonably have been expected to institute the proceedings, andthe woman made a service complaint within six years of the day on which she discovered the fact (or could with reasonable diligence have discovered it);
“disability case” means a case where—the woman was under a disability at the time of the contravention to which the proceedings relate, andthe woman made a complaint under the service redress procedures within six years of the day on which she ceased to be under a disability;
“standard case” means a case which is not—a concealment case,a disability case, orboth.
In a standard case, the arrears date is the date falling six years before the day on which the service complaint was made.
In a case which is a concealment or a disability case or both, the arrears date is the date of the contravention.
Subsection (6) below applies in a case where, in accordance with regulations made under section 7A(6) above, proceedings are instituted without a service complaint having been made.
In that case, references in this section to the making of a service complaint shall be read as references to the institution of proceedings.