F1SR 2003/341
Modifications etc. (not altering text)
C1Pt. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(c); S.I. 2013/1682, art. 3(k)
16.—(1) It is unlawful for an employment agency to discriminate against a person—
(a)in the terms on which the agency offers to provide any of its services; or
(b)by refusing or deliberately omitting to provide any of its services; or
(c)in the way it provides any of its services.
[F2(1A) It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a person to whom it provides such services or who requests the provision of such services.]
(2) References in[F2 paragraphs (1) and (1A)] to the services of an employment agency include guidance on careers and any other services related to employment.
(3) This Article does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person in question.
(4) An employment agency shall not be subject to any liability under this Article if it proves—
(a)that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of paragraph (3), its action would not be unlawful; and
(b)that it was reasonable for it to rely on the statement.
(5) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F2SR 2003/341