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The Employment Equality (Religion or Belief) Regulations 2003

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Employment Equality (Religion or Belief) Regulations 2003 No. 1660

Partnerships

14.  (1)  It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a person—

(a)in the arrangements they make for the purpose of determining to whom they should offer that position;

(b)in the terms on which they offer him that position;

(c)by refusing to offer, or deliberately not offering, him that position; or

(d)in a case where the person already holds that position—

(i)in the way they afford him access to any benefits or by refusing to afford, or deliberately not affording, him access to them, or

(ii)by expelling him from that position, or subjecting him to any other detriment.

(2) It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a person who holds or has applied for that position.

(3) Paragraphs (1)(a) to (c) and (2) apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.

(4) Paragraph (1) does not apply to any act in relation to a position as partner where, if the position were employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement).

(5) In the case of a limited partnership references in this regulation to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907(1).

(6) This regulation applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.

(7) In this regulation, “firm” has the meaning given by section 4 of the Partnership Act 1890(2).

(8) In paragraph (1)(d) reference to the expulsion of a person from a position as partner includes reference—

(a)to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

(b)to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.

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