(2) The Current Position : Discriminatory terms in collective agreements are covered also by ss 72A and 72B of the RRA 1976 (inserted by SI 2003/1626, in force since 19 July 2003); the Employment Equality (Sexual Orientation) Regulations 2003, SI 2003/1660; or the Employment Equality (Religion or Belief) Regulations 2003, SI 2003/1661 (in force since 1 December 2003 and 2 December 2003, respectively), reg 35 and Sched 4.

doi:10.4324/9781843145585-87

Chapter

ABSTRACT

Section 6 of the Sex Discrimination Act 1986 repealed s 3 of the 1970 Act and amended s 77 of the 1975 Act by extending it to non-binding collective agreements. A discriminatory non-binding collective agreement is void. However, the section cannot be invoked by an individual claimant. The legal effect of declaring a non-binding provision to be void is nil and, perhaps more importantly, provides no deterrent against discriminatory terms in such collective agreements. Once such an agreement becomes a part of an individual contract, there will be a normal EqPA 1970 claim, but such claims are not automatically extended to all members of the group covered by the same agreement, which is the great procedural advantage of taking action in respect of the agreement itself.