Equality Act 2010 s.130 – Section 129: supplementary

(1)This section applies for the purposes of section 129.

(2)A standard case is a case which is not—

(a)a stable work case,

(b)a concealment case,

(c)an incapacity case, or

(d)a concealment case and an incapacity case.

(3)A stable work case is a case where the proceedings relate to a period during which there was a stable working relationship between the worker and the responsible person (including any time after the terms of work had expired).

(4)A concealment case in proceedings relating to an equality clause is a case where—

(a)the responsible person deliberately concealed a qualifying fact from the worker, and

(b)the worker did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(5)A concealment case in proceedings relating to an equality rule is a case where—

(a)the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact from the member, and

(b)the member did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(6)A qualifying fact for the purposes of subsection (4) or (5) is a fact—

(a)which is relevant to the complaint, and

(b)without knowledge of which the worker or member could not reasonably have been expected to bring the proceedings.

(7)An incapacity case in proceedings relating to an equality clause with respect to terms of work other than terms of service in the armed forces is a case where the worker had an incapacity during the period of 6 months beginning with the later of—

(a)the relevant day, or

(b)the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(8)An incapacity case in proceedings relating to an equality clause with respect to terms of service in the armed forces is a case where the worker had an incapacity during the period of 9 months beginning with the later of—

(a)the last day of the period of service during which the complaint arose, or

(b)the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(9)An incapacity case in proceedings relating to an equality rule is a case where the member of the occupational pension scheme in question had an incapacity during the period of 6 months beginning with the later of—

(a)the relevant day, or

(b)the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the member by the employer or the trustees or managers of the scheme.

(10)The relevant day for the purposes of this section is—

(a)the last day of the employment or appointment, or

(b)the day on which the stable working relationship between the worker and the responsible person ended.

Definitions used in section 130 7

equality clause: “equality clause” means a sex equality clause or maternity equality clause;
Defined in s.212(1) · see it in the full Act
equality rule: “equality rule” means a sex equality rule or maternity equality rule;
Defined in s.212(1) · see it in the full Act
trustees or managers: (11) “Employer”, “deferred member”, “pension credit member”, “pensionable service”, “pensioner member” and “trustees or managers” each have, in relation to an occupational pension scheme, the meaning given by section 124 of the Pensions Act 1995 .
Defined in s.212(11) · see it in the full Act
occupational pension scheme: “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 ;
Defined in s.212(1) · see it in the full Act
Member: (10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).
Defined in s.212(10) · see it in the full Act
armed forces: “armed forces” means any of the naval, military or air forces of the Crown;
Defined in s.212(1) · see it in the full Act
employment: “employment” and related expressions are (subject to subsection (11)) to be read with section 83;
Defined in s.212(1) · see it in the full Act

Cases considering section 130 3

W Hesketh v Glasgow Caledonian University

[2022] EAT 33 · 30 November 2021Limits

The Employment Judge had assessed limitation under section 130 as a standard case. The Appeal Tribunal held that this approach could not be treated as sufficient without considering the possible application of section 129. (see paras [23]-[25])

Yovonie v East Sussex Healthcare NHS Trust (Equal Pay Act)

[2016] UKEAT 0240_15_2502 · 25 February 2016Disapplies

The court held that this equality-of-terms time-limit provision did not arise because the equal-pay claim was independently defeated by unchallenged material-factor findings (see para [22]). The court held that this equality-of-terms time-limit provision did not arise because the equal-pay claim was independently defeated by unchallenged material-factor findings (see para [22]).

1 more judgment, and what each says about section 130, are in the case-law panel in the full Act.

Explanatory note

422.Under section 129, the time limit for bringing a claim for breach of an equality clause is six months (nine months for members of the armed forces) from the date on which employment ended in a standard case. Different time limits apply to non-standard cases. This section defines what is not a standard case.

423.In a stable work case, a series of fixed- or short-term contracts and breaks between contracts is treated as a continuing single contract. In a standard case, the time limit would start at the end of the contract of employment. In a stable work case, the time limit only begins to run when the stable working relationship ends.

424.In a concealment case, the employer deliberately conceals relevant information from the employee. The time limit starts to run when the employee discovers, or could reasonably have discovered, the information.

425.In an incapacity case, the appropriate time limit will start to run when the incapacity ends. Section 141 sets out when a person has an incapacity.

426.The section makes similar provisions for claims by members of the armed forces and in relation to occupational pension schemes.

427.This provision replaces similar provisions in the previous legislation.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I50S. 130 wholly in force; s. 130 not in force at Royal Assent see s. 216; s. 130 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(f) (with art. 15, and subject to transitional provision in art. 7)