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Dismissal because of equal pay claim.
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9.—(1) Where a woman claims from her employer the same rate of remuneration as a man employed by the same employer (or by an associated employer within the meaning of section 2) in the same place on like work and subsequent to the making of the claim the employer dismisses the woman from her employment solely or mainly because she made the claim, the employer shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or on conviction on indictment to a fine not exceeding £1,000.
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(2) In a prosecution for an offence under this section the onus shall be on the employer to satisfy the court that the making of the claim was not the sole or principal reason for the dismissal.
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(3) (a) Where on a conviction for an offence under this section the court is satisfied that a person (in this subsection referred to as the plaintiff) would be entitled to recover in a civil action arrears of remuneration, the court may, if it thinks fit and the plaintiff present or represented consents, impose on the convicted person, in addition to any other punishment, a fine not exceeding the amount which in the opinion of the court the plaintiff would be entitled to recover against the convicted person in respect of such arrears of remuneration.
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(b) The amount of a fine imposed under paragraph (a) shall be paid to the plaintiff.
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(c) The payment by a convicted person of a fine imposed under paragraph (a) shall be a good defence to any civil action brought by the plaintiff in respect of the arrears of remuneration referred to in that paragraph.
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(d) Without prejudice to any right of appeal by any other person, the plaintiff shall have a right of appeal limited to the amount of the fine, either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district (or any part thereof) of the Justice of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final.
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