Part 4Pay equity claims
Determination by Authority
13ZZAADecision that claim does not meet section 13E requirements
This section applies if the Authority or the court makes a determination under section 13ZY(1)(a), (b), or (c)(i) in relation to a decision referred to in section 13ZZA(2)(a).
If the effect of the determination is that the claim meets all requirements set out in section 13E,—
- the claim is no longer discontinued; and
- the employer must decide under section 13Q whether, in its view, the claim has merit and give notice of that decision to the claimant under section 13S; and
- for the purposes of those obligations, sections 13PA(2) and 13R(1) and (2)(a) do not apply; and
- the employer must under sections 13Q and 13S make, and give notice of, the employer’s decision about whether the claim has merit not later than—
- 60 working days after the date on which the employer’s decision is reversed less the number of working days between the date on which the claim was received and the date on which the employer gave the notice under section 13PB(4); or
- any extended date beyond the period described in subparagraph (i) that is specified in a notice by the employer under paragraph (e); and
- 60 working days after the date on which the employer’s decision is reversed less the number of working days between the date on which the claim was received and the date on which the employer gave the notice under section 13PB(4); or
- the employer may, by notice to the claimant, extend the time limit specified in paragraph (d)(i) if the employer has reasonable grounds for requiring the extension; and
- a notice under paragraph (e) extending the time limit must be given as soon as is reasonably practicable and,—
- if it is the first notice extending the time limit since the claim was received, not later than 60 working days after the date on which the employer’s decision is reversed less the number of working days between the date on which the claim was received and the date on which the employer gave the notice under section 13PB(4):
- if a previous extension of the time limit under section 13R had not expired on the date on which the employer gave notice under section 13PB(4), not later than 5 working days after the date of the reversal of the employer’s decision; and
- if it is the first notice extending the time limit since the claim was received, not later than 60 working days after the date on which the employer’s decision is reversed less the number of working days between the date on which the claim was received and the date on which the employer gave the notice under section 13PB(4):
- section 13R(2)(b) and (c) and (3) applies to a notice under paragraph (e); and
- a notice to which paragraph (f)(ii) applies may extend the time limit in paragraph (d)(i) only by the period that was remaining of the existing extension.
If the effect of the determination is that the claim does not meet all requirements set out in section 13E, the claim remains discontinued from the date on which the employer gave notice of the decision to the claimant.
Notes
- Section 13ZZAA: inserted, on , by section 40 of the Equal Pay Amendment Act 2025 (2025 No 21).