Equality Act 2004

Amendment of section 35.

24.—Section 35 (special provisions related to persons with disabilities) of the Act of 1998 is amended—

(a) by substituting the following subsection for subsection (1):

“(1) Nothing in this Part or Part II shall make it unlawful for an employer to provide, for an employee with a disability, a particular rate of remuneration for work of a particular description if, by reason of the disability, the amount of that work done by the employee during a particular period is less than the amount of similar work done, or which could reasonably be expected to be done, during that period by an employee without the disability.”,

and

(b) by adding the following subsection:

“(4) References in this section to a particular rate of remuneration are to a rate of remuneration which is not below the minimum rate to which the employee concerned is entitled under the National Minimum Wage Act 2000 .”.