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Equality Act 2010

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Prospective

Part 1 E+W+SSocio-economic inequalities

1Public sector duty regarding socio-economic inequalitiesE+W+S

(1)An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.

(2)In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued by a Minister of the Crown.

(3)The authorities to which this section applies are—

(a)a Minister of the Crown;

(b)a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Head-quarters;

(c)a county council or district council in England;

(d)the Greater London Authority;

(e)a London borough council;

(f)the Common Council of the City of London in its capacity as a local authority;

(g)the Council of the Isles of Scilly;

(h)a Strategic Health Authority established under section 13 of the National Health Service Act 2006, or continued in existence by virtue of that section;

(i)a Primary Care Trust established under section 18 of that Act, or continued in existence by virtue of that section;

(j)a regional development agency established by the Regional Development Agencies Act 1998;

(k)a police authority established for an area in England.

(4)This section also applies to an authority that—

(a)is a partner authority in relation to a responsible local authority, and

(b)does not fall within subsection (3),

but only in relation to its participation in the preparation or modification of a sustainable community strategy.

(5)In subsection (4)—

  • partner authority” has the meaning given by section 104 of the Local Government and Public Involvement in Health Act 2007;

  • responsible local authority” has the meaning given by section 103 of that Act;

  • sustainable community strategy” means a strategy prepared under section 4 of the Local Government Act 2000.

(6)The reference to inequalities in subsection (1) does not include any inequalities experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act 1999.

2Power to amend section 1E+W+S

(1)A Minister of the Crown may by regulations amend section 1 so as to—

(a)add a public authority to the authorities that are subject to the duty under subsection (1) of that section;

(b)remove an authority from those that are subject to the duty;

(c)make the duty apply, in the case of a particular authority, only in relation to certain functions that it has;

(d)in the case of an authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.

(2)In subsection (1) “public authority” means an authority that has functions of a public nature.

(3)Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions.

(4)The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to—

(a)add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section;

(b)remove a relevant authority from those that are subject to the duty;

(c)make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has;

(d)in the case of a relevant authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.

(5)For the purposes of the power conferred by subsection (4) on the Scottish Ministers, “relevant authority” means an authority whose functions—

(a)are exercisable only in or as regards Scotland,

(b)are wholly or mainly devolved Scottish functions, and

(c)correspond or are similar to those of an authority for the time being specified in section 1(3).

(6)For the purposes of the power conferred by subsection (4) on the Welsh Ministers, “relevant authority” means an authority whose functions—

(a)are exercisable only in or as regards Wales,

(b)are wholly or mainly devolved Welsh functions, and

(c)correspond or are similar to those of an authority for the time being specified in subsection (3) of section 1 or referred to in subsection (4) of that section.

(7)Before making regulations under this section, the Scottish Ministers or the Welsh Ministers must consult a Minister of the Crown.

(8)Regulations under this section may make any amendments of section 1 that appear to the Minister or Ministers to be necessary or expedient in consequence of provision made under subsection (1) or (as the case may be) subsection (4).

(9)Provision made by the Scottish Ministers or the Welsh Ministers in reliance on subsection (8) may, in particular, amend section 1 so as to—

(a)confer on the Ministers a power to issue guidance;

(b)require a relevant authority to take into account any guidance issued under a power conferred by virtue of paragraph (a);

(c)disapply section 1(2) in consequence of the imposition of a requirement by virtue of paragraph (b).

(10)Before issuing guidance under a power conferred by virtue of subsection (9)(a), the Ministers must—

(a)take into account any guidance issued by a Minister of the Crown under section 1;

(b)consult a Minister of the Crown.

(11)For the purposes of this section—

(a)a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the meaning of the Scotland Act 1998);

(b)a function is a devolved Welsh function if it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or to a matter within the legislative competence of the National Assembly for Wales.

3EnforcementE+W+S

A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law.

Prospective

Part 2 E+W+SEquality: key concepts

Chapter 1E+W+SProtected characteristics

4The protected characteristicsE+W+S

The following characteristics are protected characteristics—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • pregnancy and maternity;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

5AgeE+W+S

(1)In relation to the protected characteristic of age—

(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;

(b)a reference to persons who share a protected characteristic is a reference to persons of the same age group.

(2)A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.

6DisabilityE+W+S

(1)A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

(2)A reference to a disabled person is a reference to a person who has a disability.

(3)In relation to the protected characteristic of disability—

(a)a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;

(b)a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

(4)This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—

(a)a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and

(b)a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

(5)A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).

(6)Schedule 1 (disability: supplementary provision) has effect.

7Gender reassignmentE+W+S

(1)A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

(2)A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

(3)In relation to the protected characteristic of gender reassignment—

(a)a reference to a person who has a particular protected characteristic is a reference to a transsexual person;

(b)a reference to persons who share a protected characteristic is a reference to transsexual persons.

8Marriage and civil partnershipE+W+S

(1)A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.

(2)In relation to the protected characteristic of marriage and civil partnership—

(a)a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner;

(b)a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners.

9RaceE+W+S

(1)Race includes—

(a)colour;

(b)nationality;

(c)ethnic or national origins.

(2)In relation to the protected characteristic of race—

(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;

(b)a reference to persons who share a protected characteristic is a reference to persons of the same racial group.

(3)A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.

(4)The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

(5)A Minister of the Crown may by order—

(a)amend this section so as to provide for caste to be an aspect of race;

(b)amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.

(6)The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.

10Religion or beliefE+W+S

(1)Religion means any religion and a reference to religion includes a reference to a lack of religion.

(2)Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.

(3)In relation to the protected characteristic of religion or belief—

(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;

(b)a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

11SexE+W+S

In relation to the protected characteristic of sex—

(a)a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;

(b)a reference to persons who share a protected characteristic is a reference to persons of the same sex.

12Sexual orientationE+W+S

(1)Sexual orientation means a person's sexual orientation towards—

(a)persons of the same sex,

(b)persons of the opposite sex, or

(c)persons of either sex.

(2)In relation to the protected characteristic of sexual orientation—

(a)a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;

(b)a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.

Chapter 2E+W+SProhibited conduct

DiscriminationE+W+S

13Direct discriminationE+W+S

(1)A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

(2)If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.

(3)If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.

(4)If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.

(5)If the protected characteristic is race, less favourable treatment includes segregating B from others.

(6)If the protected characteristic is sex—

(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;

(b)in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy or childbirth.

(7)Subsection (6)(a) does not apply for the purposes of Part 5 (work).

(8)This section is subject to sections 17(6) and 18(7).

14Combined discrimination: dual characteristicsE+W+S

(1)A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics.

(2)The relevant protected characteristics are—

(a)age;

(b)disability;

(c)gender reassignment;

(d)race

(e)religion or belief;

(f)sex;

(g)sexual orientation.

(3)For the purposes of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is direct discrimination because of each of the characteristics in the combination (taken separately).

(4)But B cannot establish a contravention of this Act by virtue of subsection (1) if, in reliance on another provision of this Act or any other enactment, A shows that A's treatment of B is not direct discrimination because of either or both of the characteristics in the combination.

(5)Subsection (1) does not apply to a combination of characteristics that includes disability in circumstances where, if a claim of direct discrimination because of disability were to be brought, it would come within section 116 (special educational needs).

(6)A Minister of the Crown may by order amend this section so as to—

(a)make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1);

(b)specify other circumstances in which subsection (1) does not apply.

(7)The references to direct discrimination are to a contravention of this Act by virtue of section 13.

15Discrimination arising from disabilityE+W+S

(1)A person (A) discriminates against a disabled person (B) if—

(a)A treats B unfavourably because of something arising in consequence of B's disability, and

(b)A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

(2)Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

16Gender reassignment discrimination: cases of absence from workE+W+S

(1)This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender reassignment.

(2)A person (A) discriminates against a transsexual person (B) if, in relation to an absence of B's that is because of gender reassignment, A treats B less favourably than A would treat B if—

(a)B's absence was because of sickness or injury, or

(b)B's absence was for some other reason and it is not reasonable for B to be treated less favourably.

(3)A person's absence is because of gender reassignment if it is because the person is proposing to undergo, is undergoing or has undergone the process (or part of the process) mentioned in section 7(1).

17Pregnancy and maternity discrimination: non-work casesE+W+S

(1)This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of—

(a)Part 3 (services and public functions);

(b)Part 4 (premises);

(c)Part 6 (education);

(d)Part 7 (associations).

(2)A person (A) discriminates against a woman if A treats her unfavourably because of a pregnancy of hers.

(3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.

(4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.

(5)For the purposes of this section, the day on which a woman gives birth is the day on which—

(a)she gives birth to a living child, or

(b)she gives birth to a dead child (more than 24 weeks of the pregnancy having passed).

(6)Section 13, so far as relating to sex discrimination, does not apply to anything done in relation to a woman in so far as—

(a)it is for the reason mentioned in subsection (2), or

(b)it is in the period, and for the reason, mentioned in subsection (3).

18Pregnancy and maternity discrimination: work casesE+W+S

(1)This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity.

(2)A person (A) discriminates against a woman if, in the protected period in relation to a pregnancy of hers, A treats her unfavourably —

(a)because of the pregnancy, or

(b)because of illness suffered by her as a result of it.

(3)A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave.

(4)A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave.

(5)For the purposes of subsection (2), if the treatment of a woman is in implementation of a decision taken in the protected period, the treatment is to be regarded as occurring in that period (even if the implementation is not until after the end of that period).

(6)The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends—

(a)if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy;

(b)if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.

(7)Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as—

(a)it is in the protected period in relation to her and is for a reason mentioned in paragraph (a) or (b) of subsection (2), or

(b)it is for a reason mentioned in subsection (3) or (4).

19Indirect discriminationE+W+S

(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

(a)A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)it puts, or would put, B at that disadvantage, and

(d)A cannot show it to be a proportionate means of achieving a legitimate aim.

(3)The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

Adjustments for disabled personsE+W+S

20Duty to make adjustmentsE+W+S

(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

(2)The duty comprises the following three requirements.

(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.

(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.

(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.

(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—

(a)removing the physical feature in question,

(b)altering it, or

(c)providing a reasonable means of avoiding it.

(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—

(a)a feature arising from the design or construction of a building,

(b)a feature of an approach to, exit from or access to a building,

(c)a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or

(d)any other physical element or quality.

(11)A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service.

(12)A reference in this section or an applicable Schedule to chattels is to be read, in relation to Scotland, as a reference to moveable property.

(13)The applicable Schedule is, in relation to the Part of this Act specified in the first column of the Table, the Schedule specified in the second column.

Part of this ActApplicable Schedule
Part 3 (services and public functions)Schedule 2
Part 4 (premises)Schedule 4
Part 5 (work)Schedule 8
Part 6 (education)Schedule 13
Part 7 (associations)Schedule 15
Each of the Parts mentioned aboveSchedule 21
21Failure to comply with dutyE+W+S

(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.

(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.

(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

22RegulationsE+W+S

(1)Regulations may prescribe—

(a)matters to be taken into account in deciding whether it is reasonable for A to take a step for the purposes of a prescribed provision of an applicable Schedule;

(b)descriptions of persons to whom the first, second or third requirement does not apply.

(2)Regulations may make provision as to—

(a)circumstances in which it is, or in which it is not, reasonable for a person of a prescribed description to have to take steps of a prescribed description;

(b)what is, or what is not, a provision, criterion or practice;

(c)things which are, or which are not, to be treated as physical features;

(d)things which are, or which are not, to be treated as alterations of physical features;

(e)things which are, or which are not, to be treated as auxiliary aids.

(3)Provision made by virtue of this section may amend an applicable Schedule.

Discrimination: supplementaryE+W+S

23Comparison by reference to circumstancesE+W+S

(1)On a comparison of cases for the purposes of section 13, 14, or 19 there must be no material difference between the circumstances relating to each case.

(2)The circumstances relating to a case include a person's abilities if—

(a)on a comparison for the purposes of section 13, the protected characteristic is disability;

(b)on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability.

(3)If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married is not a material difference between the circumstances relating to each case.

24Irrelevance of alleged discriminator's characteristicsE+W+S

(1)For the purpose of establishing a contravention of this Act by virtue of section 13(1), it does not matter whether A has the protected characteristic.

(2)For the purpose of establishing a contravention of this Act by virtue of section 14(1), it does not matter—

(a)whether A has one of the protected characteristics in the combination;

(b)whether A has both.

25References to particular strands of discriminationE+W+S

(1)Age discrimination is—

(a)discrimination within section 13 because of age;

(b)discrimination within section 19 where the relevant protected characteristic is age.

(2)Disability discrimination is—

(a)discrimination within section 13 because of disability;

(b)discrimination within section 15;

(c)discrimination within section 19 where the relevant protected characteristic is disability;

(d)discrimination within section 21.

(3)Gender reassignment discrimination is—

(a)discrimination within section 13 because of gender reassignment;

(b)discrimination within section 16;

(c)discrimination within section 19 where the relevant protected characteristic is gender reassignment.

(4)Marriage and civil partnership discrimination is—

(a)discrimination within section 13 because of marriage and civil partnership;

(b)discrimination within section 19 where the relevant protected characteristic is marriage and civil partnership.

(5)Pregnancy and maternity discrimination is discrimination within section 17 or 18.

(6)Race discrimination is—

(a)discrimination within section 13 because of race;

(b)discrimination within section 19 where the relevant protected characteristic is race.

(7)Religious or belief-related discrimination is—

(a)discrimination within section 13 because of religion or belief;

(b)discrimination within section 19 where the relevant protected characteristic is religion or belief.

(8)Sex discrimination is—

(a)discrimination within section 13 because of sex;

(b)discrimination within section 19 where the relevant protected characteristic is sex.

(9)Sexual orientation discrimination is—

(a)discrimination within section 13 because of sexual orientation;

(b)discrimination within section 19 where the relevant protected characteristic is sexual orientation.

Other prohibited conductE+W+S

26HarassmentE+W+S

(1)A person (A) harasses another (B) if—

(a)A engages in unwanted conduct related to a relevant protected characteristic, and

(b)the conduct has the purpose or effect of—

(i)violating B's dignity, or

(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(2)A also harasses B if—

(a)A engages in unwanted conduct of a sexual nature, and

(b)the conduct has the purpose or effect referred to in subsection (1)(b).

(3)A also harasses B if—

(a)A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,

(b)the conduct has the purpose or effect referred to in subsection (1)(b), and

(c)because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.

(4)In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—

(a)the perception of B;

(b)the other circumstances of the case;

(c)whether it is reasonable for the conduct to have that effect.

(5)The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

27VictimisationE+W+S

(1)A person (A) victimises another person (B) if A subjects B to a detriment because—

(a)B does a protected act, or

(b)A believes that B has done, or may do, a protected act.

(2)Each of the following is a protected act—

(a)bringing proceedings under this Act;

(b)giving evidence or information in connection with proceedings under this Act;

(c)doing any other thing for the purposes of or in connection with this Act;

(d)making an allegation (whether or not express) that A or another person has contravened this Act.

(3)Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith.

(4)This section applies only where the person subjected to a detriment is an individual.

(5)The reference to contravening this Act includes a reference to committing a breach of an equality clause or rule.

Prospective

Part 3 E+W+SServices and public functions

PreliminaryE+W+S

28Application of this PartE+W+S

(1)This Part does not apply to the protected characteristic of—

(a)age, so far as relating to persons who have not attained the age of 18;

(b)marriage and civil partnership.

(2)This Part does not apply to discrimination, harassment or victimisation—

(a)that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or

(b)that would be so prohibited but for an express exception.

(3)This Part does not apply to—

(a)a breach of an equality clause or rule;

(b)anything that would be a breach of an equality clause or rule but for section 69 or Part 2 of Schedule 7;

(c)a breach of a non-discrimination rule.

Provision of services, etc.E+W+S

29Provision of services, etc.E+W+S

(1)A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.

(2)A service-provider (A) must not, in providing the service, discriminate against a person (B)—

(a)as to the terms on which A provides the service to B;

(b)by terminating the provision of the service to B;

(c)by subjecting B to any other detriment.

(3)A service-provider must not, in relation to the provision of the service, harass—

(a)a person requiring the service, or

(b)a person to whom the service-provider provides the service.

(4)A service-provider must not victimise a person requiring the service by not providing the person with the service.

(5)A service-provider (A) must not, in providing the service, victimise a person (B)—

(a)as to the terms on which A provides the service to B;

(b)by terminating the provision of the service to B;

(c)by subjecting B to any other detriment.

(6)A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation.

(7)A duty to make reasonable adjustments applies to—

(a)a service-provider (and see also section 55(7));

(b)a person who exercises a public function that is not the provision of a service to the public or a section of the public.

(8)In the application of section 26 for the purposes of subsection (3), and subsection (6) as it relates to harassment, neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

(9)In the application of this section, so far as relating to race or religion or belief, to the granting of entry clearance (within the meaning of the Immigration Act 1971), it does not matter whether an act is done within or outside the United Kingdom.

(10)Subsection (9) does not affect the application of any other provision of this Act to conduct outside England and Wales or Scotland.

SupplementaryE+W+S

30Ships and hovercraftE+W+S

(1)This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to—

(a)transporting people by ship or hovercraft;

(b)a service provided on a ship or hovercraft.

(2)Section 29(6) applies in relation to the matters referred to in paragraphs (a) and (b) of subsection (1); but in so far as it relates to disability discrimination, section 29(6) applies to those matters only in such circumstances as are prescribed.

(3)It does not matter whether the ship or hovercraft is within or outside the United Kingdom.

(4)Ship” has the same meaning as in the Merchant Shipping Act 1995.

(5)Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(6)Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

31Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Part.

(2)A reference to the provision of a service includes a reference to the provision of goods or facilities.

(3)A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function.

(4)A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(5)Where an employer arranges for another person to provide a service only to the employer's employees—

(a)the employer is not to be regarded as the service-provider, but

(b)the employees are to be regarded as a section of the public.

(6)A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service.

(7)A reference to a service-provider not providing a person with a service includes a reference to—

(a)the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or

(b)the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person).

(8)In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider.

(9)Schedule 2 (reasonable adjustments) has effect.

(10)Schedule 3 (exceptions) has effect.

Prospective

Part 4 E+W+SPremises

PreliminaryE+W+S

32Application of this PartE+W+S

(1)This Part does not apply to the following protected characteristics—

(a)age;

(b)marriage and civil partnership.

(2)This Part does not apply to discrimination, harassment or victimisation—

(a)that is prohibited by Part 5 (work) or Part 6 (education), or

(b)that would be so prohibited but for an express exception.

(3)This Part does not apply to the provision of accommodation if the provision—

(a)is generally for the purpose of short stays by individuals who live elsewhere, or

(b)is for the purpose only of exercising a public function or providing a service to the public or a section of the public.

(4)The reference to the exercise of a public function, and the reference to the provision of a service, are to be construed in accordance with Part 3.

(5)This Part does not apply to—

(a)a breach of an equality clause or rule;

(b)anything that would be a breach of an equality clause or rule but for section 69 or Part 2 of Schedule 7;

(c)a breach of a non-discrimination rule.

Disposal and managementE+W+S

33Disposals, etc.E+W+S

(1)A person (A) who has the right to dispose of premises must not discriminate against another (B)—

(a)as to the terms on which A offers to dispose of the premises to B;

(b)by not disposing of the premises to B;

(c)in A's treatment of B with respect to things done in relation to persons seeking premises.

(2)Where an interest in a commonhold unit cannot be disposed of unless a particular person is a party to the disposal, that person must not discriminate against a person by not being a party to the disposal.

(3)A person who has the right to dispose of premises must not, in connection with anything done in relation to their occupation or disposal, harass—

(a)a person who occupies them;

(b)a person who applies for them.

(4)A person (A) who has the right to dispose of premises must not victimise another (B)—

(a)as to the terms on which A offers to dispose of the premises to B;

(b)by not disposing of the premises to B;

(c)in A's treatment of B with respect to things done in relation to persons seeking premises.

(5)Where an interest in a commonhold unit cannot be disposed of unless a particular person is a party to the disposal, that person must not victimise a person by not being a party to the disposal.

(6)In the application of section 26 for the purposes of subsection (3), neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

34Permission for disposalE+W+S

(1)A person whose permission is required for the disposal of premises must not discriminate against another by not giving permission for the disposal of the premises to the other.

(2)A person whose permission is required for the disposal of premises must not, in relation to an application for permission to dispose of the premises, harass a person—

(a)who applies for permission to dispose of the premises, or

(b)to whom the disposal would be made if permission were given.

(3)A person whose permission is required for the disposal of premises must not victimise another by not giving permission for the disposal of the premises to the other.

(4)In the application of section 26 for the purposes of subsection (2), neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

(5)This section does not apply to anything done in the exercise of a judicial function.

35ManagementE+W+S

(1)A person (A) who manages premises must not discriminate against a person (B) who occupies the premises—

(a)in the way in which A allows B, or by not allowing B, to make use of a benefit or facility;

(b)by evicting B (or taking steps for the purpose of securing B's eviction);

(c)by subjecting B to any other detriment.

(2)A person who manages premises must not, in relation to their management, harass—

(a)a person who occupies them;

(b)a person who applies for them.

(3)A person (A) who manages premises must not victimise a person (B) who occupies the premises—

(a)in the way in which A allows B, or by not allowing B, to make use of a benefit or facility;

(b)by evicting B (or taking steps for the purpose of securing B's eviction);

(c)by subjecting B to any other detriment.

(4)In the application of section 26 for the purposes of subsection (2), neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

Reasonable adjustmentsE+W+S

36Leasehold and commonhold premises and common partsE+W+S

(1)A duty to make reasonable adjustments applies to—

(a)a controller of let premises;

(b)a controller of premises to let;

(c)a commonhold association;

(d)a responsible person in relation to common parts.

(2)A controller of let premises is—

(a)a person by whom premises are let, or

(b)a person who manages them.

(3)A controller of premises to let is—

(a)a person who has premises to let, or

(b)a person who manages them.

(4)The reference in subsection (1)(c) to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.

(5)A responsible person in relation to common parts is—

(a)where the premises to which the common parts relate are let (and are not part of commonhold land or in Scotland), a person by whom the premises are let;

(b)where the premises to which the common parts relate are part of commonhold land, the commonhold association.

(6)Common parts are—

(a)in relation to let premises (which are not part of commonhold land or in Scotland), the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises;

(b)in relation to commonhold land, every part of the commonhold which is not for the time being a commonhold unit in accordance with the commonhold community statement.

(7)A reference to letting includes a reference to sub-letting; and for the purposes of subsection (1)(a) and (b), a reference to let premises includes premises subject to a right to occupy.

(8)This section does not apply to premises of such description as may be prescribed.

37Adjustments to common parts in ScotlandE+W+S

(1)The Scottish Ministers may by regulations provide that a disabled person is entitled to make relevant adjustments to common parts in relation to premises in Scotland.

(2)The reference in subsection (1) to a disabled person is a reference to a disabled person who—

(a)is a tenant of the premises,

(b)is an owner of the premises, or

(c)is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person's only or main home.

(3)Before making regulations under subsection (1), the Scottish Ministers must consult a Minister of the Crown.

(4)Regulations under subsection (1) may, in particular—

(a)prescribe things which are, or which are not, to be treated as relevant adjustments;

(b)prescribe circumstances in which the consent of an owner of the common parts is required before a disabled person may make an adjustment;

(c)provide that the consent to adjustments is not to be withheld unreasonably;

(d)prescribe matters to be taken into account, or to be disregarded, in deciding whether it is reasonable to consent to adjustments;

(e)prescribe circumstances in which consent to adjustments is to be taken to be withheld;

(f)make provision about the imposition of conditions on consent to adjustments;

(g)make provision as to circumstances in which the sheriff may make an order authorising a disabled person to carry out adjustments;

(h)make provision about the responsibility for costs arising (directly or indirectly) from an adjustment;

(i)make provision about the reinstatement of the common parts to the condition they were in before an adjustment was made;

(j)make provision about the giving of notice to the owners of the common parts and other persons;

(k)make provision about agreements between a disabled person and an owner of the common parts;

(l)make provision about the registration of information in the Land Register of Scotland or the recording of documents in the Register of Sasines relating to an entitlement of a disabled person or an obligation on an owner of the common parts;

(m)make provision about the effect of such registration or recording;

(n)make provision about who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or owner.

(5)In this section—

  • common parts” means, in relation to premises, the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises but only in so far as the structure, exterior and common facilities are not solely owned by the owner of the premises;

  • relevant adjustments” means, in relation to a disabled person, alterations or additions which are likely to avoid a substantial disadvantage to which the disabled person is put in using the common parts in comparison with persons who are not disabled.

SupplementaryE+W+S

38Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Part.

(2)A reference to premises is a reference to the whole or part of the premises.

(3)A reference to disposing of premises includes, in the case of premises subject to a tenancy, a reference to—

(a)assigning the premises,

(b)sub-letting them, or

(c)parting with possession of them.

(4)A reference to disposing of premises also includes a reference to granting a right to occupy them.

(5)A reference to disposing of an interest in a commonhold unit includes a reference to creating an interest in a commonhold unit.

(6)A reference to a tenancy is to a tenancy created (whether before or after the passing of this Act)—

(a)by a lease or sub-lease,

(b)by an agreement for a lease or sub-lease,

(c)by a tenancy agreement, or

(d)in pursuance of an enactment,

and a reference to a tenant is to be construed accordingly.

(7)A reference to commonhold land, a commonhold association, a commonhold community statement, a commonhold unit or a unit-holder is to be construed in accordance with the Commonhold and Leasehold Reform Act 2002.

(8)Schedule 4 (reasonable adjustments) has effect.

(9)Schedule 5 (exceptions) has effect.

Prospective

Part 5 E+W+S+N.I.Work

Chapter 1E+W+SEmployment, etc.

EmployeesE+W+S

39Employees and applicantsE+W+S

(1)An employer (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer employment;

(b)as to the terms on which A offers B employment;

(c)by not offering B employment.

(2)An employer (A) must not discriminate against an employee of A's (B)—

(a)as to B's terms of employment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by dismissing B;

(d)by subjecting B to any other detriment.

(3)An employer (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer employment;

(b)as to the terms on which A offers B employment;

(c)by not offering B employment.

(4)An employer (A) must not victimise an employee of A's (B)—

(a)as to B's terms of employment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for any other benefit, facility or service;

(c)by dismissing B;

(d)by subjecting B to any other detriment.

(5)A duty to make reasonable adjustments applies to an employer.

(6)Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—

(a)unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or

(b)if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (1)(b) by virtue of section 13, 14 or 18.

(7)In subsections (2)(c) and (4)(c), the reference to dismissing B includes a reference to the termination of B's employment—

(a)by the expiry of a period (including a period expiring by reference to an event or circumstance);

(b)by an act of B's (including giving notice) in circumstances such that B is entitled, because of A's conduct, to terminate the employment without notice.

(8)Subsection (7)(a) does not apply if, immediately after the termination, the employment is renewed on the same terms.

40Employees and applicants: harassmentE+W+S

(1)An employer (A) must not, in relation to employment by A, harass a person (B)—

(a)who is an employee of A's;

(b)who has applied to A for employment.

(2)The circumstances in which A is to be treated as harassing B under subsection (1) include those where—

(a)a third party harasses B in the course of B's employment, and

(b)A failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.

(3)Subsection (2) does not apply unless A knows that B has been harassed in the course of B's employment on at least two other occasions by a third party; and it does not matter whether the third party is the same or a different person on each occasion.

(4)A third party is a person other than—

(a)A, or

(b)an employee of A's.

41Contract workersE+W+S

(1)A principal must not discriminate against a contract worker—

(a)as to the terms on which the principal allows the worker to do the work;

(b)by not allowing the worker to do, or to continue to do, the work;

(c)in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;

(d)by subjecting the worker to any other detriment.

(2)A principal must not, in relation to contract work, harass a contract worker.

(3)A principal must not victimise a contract worker—

(a)as to the terms on which the principal allows the worker to do the work;

(b)by not allowing the worker to do, or to continue to do, the work;

(c)in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;

(d)by subjecting the worker to any other detriment.

(4)A duty to make reasonable adjustments applies to a principal (as well as to the employer of a contract worker).

(5)A “principal” is a person who makes work available for an individual who is—

(a)employed by another person, and

(b)supplied by that other person in furtherance of a contract to which the principal is a party (whether or not that other person is a party to it).

(6)“Contract work” is work such as is mentioned in subsection (5).

(7)A “contract worker” is an individual supplied to a principal in furtherance of a contract such as is mentioned in subsection (5)(b).

Police officersE+W+S

42Identity of employerE+W+S

(1)For the purposes of this Part, holding the office of constable is to be treated as employment—

(a)by the chief officer, in respect of any act done by the chief officer in relation to a constable or appointment to the office of constable;

(b)by the responsible authority, in respect of any act done by the authority in relation to a constable or appointment to the office of constable.

(2)For the purposes of this Part, holding an appointment as a police cadet is to be treated as employment—

(a)by the chief officer, in respect of any act done by the chief officer in relation to a police cadet or appointment as one;

(b)by the responsible authority, in respect of any act done by the authority in relation to a police cadet or appointment as one.

(3)Subsection (1) does not apply to service with the Civil Nuclear Constabulary (as to which, see section 55(2) of the Energy Act 2004).

(4)Subsection (1) does not apply to a constable at SOCA, SPSA or SCDEA.

(5)A constable at SOCA or SPSA is to be treated as employed by it, in respect of any act done by it in relation to the constable.

(6)A constable at SCDEA is to be treated as employed by the Director General of SCDEA, in respect of any act done by the Director General in relation to the constable.

43InterpretationE+W+S

(1)This section applies for the purposes of section 42.

(2)Chief officer” means—

(a)in relation to an appointment under a relevant Act, the chief officer of police for the police force to which the appointment relates;

(b)in relation to any other appointment, the person under whose direction and control the body of constables or other persons to which the appointment relates is;

(c)in relation to a constable or other person under the direction and control of a chief officer of police, that chief officer of police;

(d)in relation to any other constable or any other person, the person under whose direction and control the constable or other person is.

(3)Responsible authority” means—

(a)in relation to an appointment under a relevant Act, the police authority that maintains the police force to which the appointment relates;

(b)in relation to any other appointment, the person by whom a person would (if appointed) be paid;

(c)in relation to a constable or other person under the direction and control of a chief officer of police, the police authority that maintains the police force for which that chief officer is the chief officer of police;

(d)in relation to any other constable or any other person, the person by whom the constable or other person is paid.

(4)Police cadet” means a person appointed to undergo training with a view to becoming a constable.

(5)SOCA” means the Serious Organised Crime Agency; and a reference to a constable at SOCA is a reference to a constable seconded to it to serve as a member of its staff.

(6)SPSA” means the Scottish Police Services Authority; and a reference to a constable at SPSA is a reference to a constable—

(a)seconded to it to serve as a member of its staff, and

(b)not at SCDEA.

(7)SCDEA” means the Scottish Crime and Drugs Enforcement Agency; and a reference to a constable at SCDEA is a reference to a constable who is a police member of it by virtue of paragraph 7(2)(a) or (b) of Schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (secondment).

(8)For the purposes of this section, the relevant Acts are—

(a)the Metropolitan Police Act 1829;

(b)the City of London Police Act 1839;

(c)the Police (Scotland) Act 1967;

(d)the Police Act 1996.

(9)A reference in subsection (2) or (3) to a chief officer of police includes, in relation to Scotland, a reference to a chief constable.

PartnersE+W+S

44PartnershipsE+W+S

(1)A firm or proposed firm must not discriminate against a person—

(a)in the arrangements it makes for deciding to whom to offer a position as a partner;

(b)as to the terms on which it offers the person a position as a partner;

(c)by not offering the person a position as a partner.

(2)A firm (A) must not discriminate against a partner (B)—

(a)as to the terms on which B is a partner;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by expelling B;

(d)by subjecting B to any other detriment.

(3)A firm must not, in relation to a position as a partner, harass—

(a)a partner;

(b)a person who has applied for the position.

(4)A proposed firm must not, in relation to a position as a partner, harass a person who has applied for the position.

(5)A firm or proposed firm must not victimise a person—

(a)in the arrangements it makes for deciding to whom to offer a position as a partner;

(b)as to the terms on which it offers the person a position as a partner;

(c)by not offering the person a position as a partner.

(6)A firm (A) must not victimise a partner (B)—

(a)as to the terms on which B is a partner;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by expelling B;

(d)by subjecting B to any other detriment.

(7)A duty to make reasonable adjustments applies to—

(a)a firm;

(b)a proposed firm.

(8)In the application of this section to a limited partnership within the meaning of the Limited Partnerships Act 1907, “partner” means a general partner within the meaning of that Act.

45Limited liability partnershipsE+W+S

(1)An LLP or proposed LLP must not discriminate against a person—

(a)in the arrangements it makes for deciding to whom to offer a position as a member;

(b)as to the terms on which it offers the person a position as a member;

(c)by not offering the person a position as a member.

(2)An LLP (A) must not discriminate against a member (B)—

(a)as to the terms on which B is a member;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by expelling B;

(d)by subjecting B to any other detriment.

(3)An LLP must not, in relation to a position as a member, harass—

(a)a member;

(b)a person who has applied for the position.

(4)A proposed LLP must not, in relation to a position as a member, harass a person who has applied for the position.

(5)An LLP or proposed LLP must not victimise a person—

(a)in the arrangements it makes for deciding to whom to offer a position as a member;

(b)as to the terms on which it offers the person a position as a member;

(c)by not offering the person a position as a member.

(6)An LLP (A) must not victimise a member (B)—

(a)as to the terms on which B is a member;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by expelling B;

(d)by subjecting B to any other detriment.

(7)A duty to make reasonable adjustments applies to—

(a)an LLP;

(b)a proposed LLP.

46InterpretationE+W+S

(1)This section applies for the purposes of sections 44 and 45.

(2)Partnership” and “firm” have the same meaning as in the Partnership Act 1890.

(3)Proposed firm” means persons proposing to form themselves into a partnership.

(4)LLP” means a limited liability partnership (within the meaning of the Limited Liability Partnerships Act 2000).

(5)Proposed LLP” means persons proposing to incorporate an LLP with themselves as members.

(6)A reference to expelling a partner of a firm or a member of an LLP includes a reference to the termination of the person's position as such—

(a)by the expiry of a period (including a period expiring by reference to an event or circumstance);

(b)by an act of the person (including giving notice) in circumstances such that the person is entitled, because of the conduct of other partners or members, to terminate the position without notice;

(c)(in the case of a partner of a firm) as a result of the dissolution of the partnership.

(7)Subsection (6)(a) and (c) does not apply if, immediately after the termination, the position is renewed on the same terms.

The BarE+W+S

47BarristersE+W+S

(1)A barrister (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b)as to the terms on which A offers B a pupillage or tenancy;

(c)by not offering B a pupillage or tenancy.

(2)A barrister (A) must not discriminate against a person (B) who is a pupil or tenant—

(a)as to the terms on which B is a pupil or tenant;

(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c)by terminating the pupillage;

(d)by subjecting B to pressure to leave chambers;

(e)by subjecting B to any other detriment.

(3)A barrister must not, in relation to a pupillage or tenancy, harass—

(a)the pupil or tenant;

(b)a person who has applied for the pupillage or tenancy.

(4)A barrister (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b)as to the terms on which A offers B a pupillage or tenancy;

(c)by not offering B a pupillage or tenancy.

(5)A barrister (A) must not victimise a person (B) who is a pupil or tenant—

(a)as to the terms on which B is a pupil or tenant;

(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c)by terminating the pupillage;

(d)by subjecting B to pressure to leave chambers;

(e)by subjecting B to any other detriment.

(6)A person must not, in relation to instructing a barrister—

(a)discriminate against a barrister by subjecting the barrister to a detriment;

(b)harass the barrister;

(c)victimise the barrister.

(7)A duty to make reasonable adjustments applies to a barrister.

(8)The preceding provisions of this section (apart from subsection (6)) apply in relation to a barrister's clerk as they apply in relation to a barrister; and for that purpose the reference to a barrister's clerk includes a reference to a person who carries out the functions of a barrister's clerk.

(9)A reference to a tenant includes a reference to a barrister who is permitted to work in chambers (including as a squatter or door tenant); and a reference to a tenancy is to be construed accordingly.

48AdvocatesE+W+S

(1)An advocate (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable;

(b)as to the terms on which A offers to take B as A's devil or offers B membership of a stable;

(c)by not offering to take B as A's devil or not offering B membership of a stable.

(2)An advocate (A) must not discriminate against a person (B) who is a devil or a member of a stable—

(a)as to the terms on which B is a devil or a member of the stable;

(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c)by terminating A's relationship with B (where B is a devil);

(d)by subjecting B to pressure to leave the stable;

(e)by subjecting B to any other detriment.

(3)An advocate must not, in relation to a relationship with a devil or membership of a stable, harass—

(a)a devil or member;

(b)a person who has applied to be taken as the advocate's devil or to become a member of the stable.

(4)An advocate (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable;

(b)as to the terms on which A offers to take B as A's devil or offers B membership of a stable;

(c)by not offering to take B as A's devil or not offering B membership of a stable.

(5)An advocate (A) must not victimise a person (B) who is a devil or a member of a stable—

(a)as to the terms on which B is a devil or a member of the stable;

(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c)by terminating A's relationship with B (where B is a devil);

(d)by subjecting B to pressure to leave the stable;

(e)by subjecting B to any other detriment.

(6)A person must not, in relation to instructing an advocate—

(a)discriminate against the advocate by subjecting the advocate to a detriment;

(b)harass the advocate;

(c)victimise the advocate.

(7)A duty to make reasonable adjustments applies to an advocate.

(8)This section (apart from subsection (6)) applies in relation to an advocate's clerk as it applies in relation to an advocate; and for that purpose the reference to an advocate's clerk includes a reference to a person who carries out the functions of an advocate's clerk.

(9)Advocate” means a practising member of the Faculty of Advocates.

Office-holdersE+W+S

49Personal offices: appointments, etc.E+W+S

(1)This section applies in relation to personal offices.

(2)A personal office is an office or post—

(a)to which a person is appointed to discharge a function personally under the direction of another person, and

(b)in respect of which an appointed person is entitled to remuneration.

(3)A person (A) who has the power to make an appointment to a personal office must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer the appointment;

(b)as to the terms on which A offers B the appointment;

(c)by not offering B the appointment.

(4)A person who has the power to make an appointment to a personal office must not, in relation to the office, harass a person seeking, or being considered for, the appointment.

(5)A person (A) who has the power to make an appointment to a personal office must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer the appointment;

(b)as to the terms on which A offers B the appointment;

(c)by not offering B the appointment.

(6)A person (A) who is a relevant person in relation to a personal office must not discriminate against a person (B) appointed to the office—

(a)as to the terms of B's appointment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by terminating B's appointment;

(d)by subjecting B to any other detriment.

(7)A relevant person in relation to a personal office must not, in relation to that office, harass a person appointed to it.

(8)A person (A) who is a relevant person in relation to a personal office must not victimise a person (B) appointed to the office—

(a)as to the terms of B's appointment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by terminating B's appointment;

(d)by subjecting B to any other detriment.

(9)A duty to make reasonable adjustments applies to—

(a)a person who has the power to make an appointment to a personal office;

(b)a relevant person in relation to a personal office.

(10)For the purposes of subsection (2)(a), a person is to be regarded as discharging functions personally under the direction of another person if that other person is entitled to direct the person as to when and where to discharge the functions.

(11)For the purposes of subsection (2)(b), a person is not to be regarded as entitled to remuneration merely because the person is entitled to payments—

(a)in respect of expenses incurred by the person in discharging the functions of the office or post, or

(b)by way of compensation for the loss of income or benefits the person would or might have received had the person not been discharging the functions of the office or post.

(12)Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—

(a)unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or

(b)if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (3)(b) by virtue of section 13, 14 or 18.

50Public offices: appointments, etc.E+W+S

(1)This section and section 51 apply in relation to public offices.

(2)A public office is—

(a)an office or post, appointment to which is made by a member of the executive;

(b)an office or post, appointment to which is made on the recommendation of, or subject to the approval of, a member of the executive;

(c)an office or post, appointment to which is made on the recommendation of, or subject to the approval of, the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament.

(3)A person (A) who has the power to make an appointment to a public office within subsection (2)(a) or (b) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer the appointment;

(b)as to the terms on which A offers B the appointment;

(c)by not offering B the appointment.

(4)A person who has the power to make an appointment to a public office within subsection (2)(a) or (b) must not, in relation to the office, harass a person seeking, or being considered for, the appointment.

(5)A person (A) who has the power to make an appointment to a public office within subsection (2)(a) or (b) must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer the appointment;

(b)as to the terms on which A offers B the appointment;

(c)by not offering B the appointment.

(6)A person (A) who is a relevant person in relation to a public office within subsection (2)(a) or (b) must not discriminate against a person (B) appointed to the office—

(a)as to B's terms of appointment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by terminating the appointment;

(d)by subjecting B to any other detriment.

(7)A person (A) who is a relevant person in relation to a public office within subsection (2)(c) must not discriminate against a person (B) appointed to the office—

(a)as to B's terms of appointment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by subjecting B to any other detriment (other than by terminating the appointment).

(8)A relevant person in relation to a public office must not, in relation to that office, harass a person appointed to it.

(9)A person (A) who is a relevant person in relation to a public office within subsection (2)(a) or (b) must not victimise a person (B) appointed to the office—

(a)as to B's terms of appointment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by terminating the appointment;

(d)by subjecting B to any other detriment.

(10)A person (A) who is a relevant person in relation to a public office within subsection (2)(c) must not victimise a person (B) appointed to the office—

(a)as to B's terms of appointment;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by subjecting B to any other detriment (other than by terminating the appointment).

(11)A duty to make reasonable adjustments applies to—

(a)a relevant person in relation to a public office;

(b)a person who has the power to make an appointment to a public office within subsection (2)(a) or (b).

(12)Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—

(a)unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or

(b)if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (3)(b) by virtue of section 13, 14 or 18.

51Public offices: recommendations for appointments, etc.E+W+S

(1)A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b), must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

(b)by not recommending B for appointment to the office;

(c)by making a negative recommendation of B for appointment to the office;

(d)by not giving approval to the appointment of B to the office.

(2)A person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b) must not, in relation to the office, harass a person seeking or being considered for the recommendation or approval.

(3)A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b), must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

(b)by not recommending B for appointment to the office;

(c)by making a negative recommendation of B for appointment to the office;

(d)by not giving approval to the appointment of B to the office.

(4)A duty to make reasonable adjustments applies to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b).

(5)A reference in this section to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) is a reference only to a relevant body which has that power; and for that purpose “relevant body” means a body established—

(a)by or in pursuance of an enactment, or

(b)by a member of the executive.

52Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of sections 49 to 51.

(2)Personal office” has the meaning given in section 49.

(3)Public office” has the meaning given in section 50.

(4)An office or post which is both a personal office and a public office is to be treated as being a public office only.

(5)Appointment to an office or post does not include election to it.

(6)Relevant person”, in relation to an office, means the person who, in relation to a matter specified in the first column of the table, is specified in the second column (but a reference to a relevant person does not in any case include the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament).

MatterRelevant person
A term of appointmentThe person who has the power to set the term.
Access to an opportunityThe person who has the power to afford access to the opportunity (or, if there is no such person, the person who has the power to make the appointment).
Terminating an appointmentThe person who has the power to terminate the appointment.
Subjecting an appointee to any other detrimentThe person who has the power in relation to the matter to which the conduct in question relates (or, if there is no such person, the person who has the power to make the appointment).
Harassing an appointeeThe person who has the power in relation to the matter to which the conduct in question relates.

(7)A reference to terminating a person's appointment includes a reference to termination of the appointment—

(a)by the expiry of a period (including a period expiring by reference to an event or circumstance);

(b)by an act of the person (including giving notice) in circumstances such that the person is entitled, because of the relevant person's conduct, to terminate the appointment without notice.

(8)Subsection (7)(a) does not apply if, immediately after the termination, the appointment is renewed on the same terms.

(9)Schedule 6 (excluded offices) has effect.

QualificationsE+W+S

53Qualifications bodiesE+W+S

(1)A qualifications body (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b)as to the terms on which it is prepared to confer a relevant qualification on B;

(c)by not conferring a relevant qualification on B.

(2)A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification—

(a)by withdrawing the qualification from B;

(b)by varying the terms on which B holds the qualification;

(c)by subjecting B to any other detriment.

(3)A qualifications body must not, in relation to conferment by it of a relevant qualification, harass—

(a)a person who holds the qualification, or

(b)a person who applies for it.

(4)A qualifications body (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b)as to the terms on which it is prepared to confer a relevant qualification on B;

(c)by not conferring a relevant qualification on B.

(5)A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification—

(a)by withdrawing the qualification from B;

(b)by varying the terms on which B holds the qualification;

(c)by subjecting B to any other detriment.

(6)A duty to make reasonable adjustments applies to a qualifications body.

(7)The application by a qualifications body of a competence standard to a disabled person is not disability discrimination unless it is discrimination by virtue of section 19.

54InterpretationE+W+S

(1)This section applies for the purposes of section 53.

(2)A qualifications body is an authority or body which can confer a relevant qualification.

(3)A relevant qualification is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession.

(4)An authority or body is not a qualifications body in so far as—

(a)it can confer a qualification to which section 96 applies,

(b)it is the responsible body of a school to which section 85 applies,

(c)it is the governing body of an institution to which section 91 applies,

(d)it exercises functions under the Education Acts, or

(e)it exercises functions under the Education (Scotland) Act 1980.

(5)A reference to conferring a relevant qualification includes a reference to renewing or extending the conferment of a relevant qualification.

(6)A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.

Employment servicesE+W+S

55Employment service-providersE+W+S

(1)A person (an “employment service-provider”) concerned with the provision of an employment service must not discriminate against a person—

(a)in the arrangements the service-provider makes for selecting persons to whom to provide, or to whom to offer to provide, the service;

(b)as to the terms on which the service-provider offers to provide the service to the person;

(c)by not offering to provide the service to the person.

(2)An employment service-provider (A) must not, in relation to the provision of an employment service, discriminate against a person (B)—

(a)as to the terms on which A provides the service to B;

(b)by not providing the service to B;

(c)by terminating the provision of the service to B;

(d)by subjecting B to any other detriment.

(3)An employment service-provider must not, in relation to the provision of an employment service, harass—

(a)a person who asks the service-provider to provide the service;

(b)a person for whom the service-provider provides the service.

(4)An employment service-provider (A) must not victimise a person (B)—

(a)in the arrangements A makes for selecting persons to whom to provide, or to whom to offer to provide, the service;

(b)as to the terms on which A offers to provide the service to B;

(c)by not offering to provide the service to B.

(5)An employment service-provider (A) must not, in relation to the provision of an employment service, victimise a person (B)—

(a)as to the terms on which A provides the service to B;

(b)by not providing the service to B;

(c)by terminating the provision of the service to B;

(d)by subjecting B to any other detriment.

(6)A duty to make reasonable adjustments applies to an employment service-provider, except in relation to the provision of a vocational service.

(7)The duty imposed by section 29(7)(a) applies to a person concerned with the provision of a vocational service; but a failure to comply with that duty in relation to the provision of a vocational service is a contravention of this Part for the purposes of Part 9 (enforcement).

56InterpretationE+W+S

(1)This section applies for the purposes of section 55.

(2)The provision of an employment service includes—

(a)the provision of vocational training;

(b)the provision of vocational guidance;

(c)making arrangements for the provision of vocational training or vocational guidance;

(d)the provision of a service for finding employment for persons;

(e)the provision of a service for supplying employers with persons to do work;

(f)the provision of a service in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State relating to employment);

(g)the provision of a service in pursuance of arrangements made or a direction given under section 10 of that Act (careers services);

(h)the exercise of a function in pursuance of arrangements made under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (functions of Scottish Enterprise, etc. relating to employment);

(i)an assessment related to the conferment of a relevant qualification within the meaning of section 53 above (except in so far as the assessment is by the qualifications body which confers the qualification).

(3)This section does not apply in relation to training or guidance in so far as it is training or guidance in relation to which another provision of this Part applies.

(4)This section does not apply in relation to training or guidance for pupils of a school to which section 85 applies in so far as it is training or guidance to which the responsible body of the school has power to afford access (whether as the responsible body of that school or as the responsible body of any other school at which the training or guidance is provided).

(5)This section does not apply in relation to training or guidance for students of an institution to which section 91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access.

(6)Vocational training” means—

(a)training for employment, or

(b)work experience (including work experience the duration of which is not agreed until after it begins).

(7)A reference to the provision of a vocational service is a reference to the provision of an employment service within subsection (2)(a) to (d) (or an employment service within subsection (2)(f) or (g) in so far as it is also an employment service within subsection (2)(a) to (d)); and for that purpose—

(a)the references to an employment service within subsection (2)(a) do not include a reference to vocational training within the meaning given by subsection (6)(b), and

(b)the references to an employment service within subsection (2)(d) also include a reference to a service for assisting persons to retain employment.

(8)A reference to training includes a reference to facilities for training.

Trade organisationsE+W+S

57Trade organisationsE+W+S

(1)A trade organisation (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer membership of the organisation;

(b)as to the terms on which it is prepared to admit B as a member;

(c)by not accepting B's application for membership.

(2)A trade organisation (A) must not discriminate against a member (B)—

(a)in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying the terms on which B is a member;

(d)by subjecting B to any other detriment.

(3)A trade organisation must not, in relation to membership of it, harass—

(a)a member, or

(b)an applicant for membership.

(4)A trade organisation (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer membership of the organisation;

(b)as to the terms on which it is prepared to admit B as a member;

(c)by not accepting B's application for membership.

(5)A trade organisation (A) must not victimise a member (B)—

(a)in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying the terms on which B is a member;

(d)by subjecting B to any other detriment.

(6)A duty to make reasonable adjustments applies to a trade organisation.

(7)A trade organisation is—

(a)an organisation of workers,

(b)an organisation of employers, or

(c)any other organisation whose members carry on a particular trade or profession for the purposes of which the organisation exists.

Local authority membersE+W+S

58Official business of membersE+W+S

(1)A local authority must not discriminate against a member of the authority in relation to the member's carrying out of official business—

(a)in the way the authority affords the member access, or by not affording the member access, to opportunities for training or for receiving any other facility;

(b)by subjecting the member to any other detriment.

(2)A local authority must not, in relation to a member's carrying out of official business, harass the member.

(3)A local authority must not victimise a member of the authority in relation to the member's carrying out of official business—

(a)in the way the authority affords the member access, or by not affording the member access, to opportunities for training or for receiving any other facility;

(b)by subjecting the member to any other detriment.

(4)A member of a local authority is not subjected to a detriment for the purposes of subsection (1)(b) or (3)(b) only because the member is—

(a)not appointed or elected to an office of the authority,

(b)not appointed or elected to, or to an office of, a committee or sub-committee of the authority, or

(c)not appointed or nominated in exercise of an appointment power of the authority.

(5)In subsection (4)(c), an appointment power of a local authority is a power of the authority, or of a group of bodies including the authority, to make—

(a)appointments to a body;

(b)nominations for appointment to a body.

(6)A duty to make reasonable adjustments applies to a local authority.

59InterpretationE+W+S

(1)This section applies for the purposes of section 58.

(2)Local authority” means—

(a)a county council in England;

(b)a district council in England;

(c)the Greater London Authority;

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)a parish council in England;

(h)a county council in Wales;

(i)a community council in Wales;

(j)a county borough council in Wales;

(k)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(l)a community council in Scotland.

(3)A Minister of the Crown may by order amend subsection (2) so as to add, vary or omit a reference to a body which exercises functions that have been conferred on a local authority within paragraph (a) to (l).

(4)A reference to the carrying-out of official business by a person who is a member of a local authority is a reference to the doing of anything by the person—

(a)as a member of the authority,

(b)as a member of a body to which the person is appointed by, or appointed following nomination by, the authority or a group of bodies including the authority, or

(c)as a member of any other public body.

(5)Member”, in relation to the Greater London Authority, means—

(a)the Mayor of London;

(b)a member of the London Assembly.

RecruitmentE+W+S

60Enquiries about disability and healthE+W+S

(1)A person (A) to whom an application for work is made must not ask about the health of the applicant (B)—

(a)before offering work to B, or

(b)where A is not in a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work.

(2)A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is enforceable only by the Commission under that Part).

(3)A does not contravene a relevant disability provision merely by asking about B's health; but A's conduct in reliance on information given in response may be a contravention of a relevant disability provision.

(4)Subsection (5) applies if B brings proceedings before an employment tribunal on a complaint that A's conduct in reliance on information given in response to a question about B's health is a contravention of a relevant disability provision.

(5)In the application of section 136 to the proceedings, the particulars of the complaint are to be treated for the purposes of subsection (2) of that section as facts from which the tribunal could decide that A contravened the provision.

(6)This section does not apply to a question that A asks in so far as asking the question is necessary for the purpose of—

(a)establishing whether B will be able to comply with a requirement to undergo an assessment or establishing whether a duty to make reasonable adjustments is or will be imposed on A in relation to B in connection with a requirement to undergo an assessment,

(b)establishing whether B will be able to carry out a function that is intrinsic to the work concerned,

(c)monitoring diversity in the range of persons applying to A for work,

(d)taking action to which section 158 would apply if references in that section to persons who share (or do not share) a protected characteristic were references to disabled persons (or persons who are not disabled) and the reference to the characteristic were a reference to disability, or

(e)if A applies in relation to the work a requirement to have a particular disability, establishing whether B has that disability.

(7)In subsection (6)(b), where A reasonably believes that a duty to make reasonable adjustments would be imposed on A in relation to B in connection with the work, the reference to a function that is intrinsic to the work is to be read as a reference to a function that would be intrinsic to the work once A complied with the duty.

(8)Subsection (6)(e) applies only if A shows that, having regard to the nature or context of the work—

(a)the requirement is an occupational requirement, and

(b)the application of the requirement is a proportionate means of achieving a legitimate aim.

(9)Work” means employment, contract work, a position as a partner, a position as a member of an LLP, a pupillage or tenancy, being taken as a devil, membership of a stable, an appointment to a personal or public office, or the provision of an employment service; and the references in subsection (1) to offering a person work are, in relation to contract work, to be read as references to allowing a person to do the work.

(10)A reference to offering work is a reference to making a conditional or unconditional offer of work (and, in relation to contract work, is a reference to allowing a person to do the work subject to fulfilment of one or more conditions).

(11)The following, so far as relating to discrimination within section 13 because of disability, are relevant disability provisions—

(a)section 39(1)(a) or (c);

(b)section 41(1)(b);

(c)section 44(1)(a) or (c);

(d)section 45(1)(a) or (c);

(e)section 47(1)(a) or (c);

(f)section 48(1)(a) or (c);

(g)section 49(3)(a) or (c);

(h)section 50(3)(a) or (c);

(i)section 51(1);

(j)section 55(1)(a) or (c).

(12)An assessment is an interview or other process designed to give an indication of a person's suitability for the work concerned.

(13)For the purposes of this section, whether or not a person has a disability is to be regarded as an aspect of that person's health.

(14)This section does not apply to anything done for the purpose of vetting applicants for work for reasons of national security.

Chapter 2E+W+SOccupational pension schemes

61Non-discrimination ruleE+W+S

(1)An occupational pension scheme must be taken to include a non-discrimination rule.

(2)A non-discrimination rule is a provision by virtue of which a responsible person (A)—

(a)must not discriminate against another person (B) in carrying out any of A's functions in relation to the scheme;

(b)must not, in relation to the scheme, harass B;

(c)must not, in relation to the scheme, victimise B.

(3)The provisions of an occupational pension scheme have effect subject to the non-discrimination rule.

(4)The following are responsible persons—

(a)the trustees or managers of the scheme;

(b)an employer whose employees are, or may be, members of the scheme;

(c)a person exercising an appointing function in relation to an office the holder of which is, or may be, a member of the scheme.

(5)A non-discrimination rule does not apply in relation to a person who is a pension credit member of a scheme.

(6)An appointing function is any of the following—

(a)the function of appointing a person;

(b)the function of terminating a person's appointment;

(c)the function of recommending a person for appointment;

(d)the function of approving an appointment.

(7)A breach of a non-discrimination rule is a contravention of this Part for the purposes of Part 9 (enforcement).

(8)It is not a breach of a non-discrimination rule for the employer or the trustees or managers of a scheme to maintain or use in relation to the scheme rules, practices, actions or decisions relating to age which are of a description specified by order by a Minister of the Crown.

(9)An order authorising the use of rules, practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate.

(10)A non-discrimination rule does not have effect in relation to an occupational pension scheme in so far as an equality rule has effect in relation to it (or would have effect in relation to it but for Part 2 of Schedule 7).

(11)A duty to make reasonable adjustments applies to a responsible person.

62Non-discrimination alterationsE+W+S

(1)This section applies if the trustees or managers of an occupational pension scheme do not have power to make non-discrimination alterations to the scheme.

(2)This section also applies if the trustees or managers of an occupational pension scheme have power to make non-discrimination alterations to the scheme but the procedure for doing so—

(a)is liable to be unduly complex or protracted, or

(b)involves obtaining consents which cannot be obtained or which can be obtained only with undue delay or difficulty.

(3)The trustees or managers may by resolution make non-discrimination alterations to the scheme.

(4)Non-discrimination alterations may have effect in relation to a period before the date on which they are made.

(5)Non-discrimination alterations to an occupational pension scheme are such alterations to the scheme as may be required for the provisions of the scheme to have the effect that they have in consequence of section 61(3).

63CommunicationsE+W+S

(1)In their application to communications the following provisions apply in relation to a disabled person who is a pension credit member of an occupational pension scheme as they apply in relation to a disabled person who is a deferred member or pensioner member of the scheme—

(a)section 61;

(b)section 120;

(c)section 126;

(d)paragraph 19 of Schedule 8 (and such other provisions of that Schedule as apply for the purposes of that paragraph).

(2)Communications include—

(a)the provision of information;

(b)the operation of a dispute resolution procedure.

Chapter 3E+W+SEquality of terms

Sex equalityE+W+S

64Relevant types of workE+W+S

(1)Sections 66 to 70 apply where—

(a)a person (A) is employed on work that is equal to the work that a comparator of the opposite sex (B) does;

(b)a person (A) holding a personal or public office does work that is equal to the work that a comparator of the opposite sex (B) does.

(2)The references in subsection (1) to the work that B does are not restricted to work done contemporaneously with the work done by A.

65Equal workE+W+S

(1)For the purposes of this Chapter, A's work is equal to that of B if it is—

(a)like B's work,

(b)rated as equivalent to B's work, or

(c)of equal value to B's work.

(2)A's work is like B's work if—

(a)A's work and B's work are the same or broadly similar, and

(b)such differences as there are between their work are not of practical importance in relation to the terms of their work.

(3)So on a comparison of one person's work with another's for the purposes of subsection (2), it is necessary to have regard to—

(a)the frequency with which differences between their work occur in practice, and

(b)the nature and extent of the differences.

(4)A's work is rated as equivalent to B's work if a job evaluation study—

(a)gives an equal value to A's job and B's job in terms of the demands made on a worker, or

(b)would give an equal value to A's job and B's job in those terms were the evaluation not made on a sex-specific system.

(5)A system is sex-specific if, for the purposes of one or more of the demands made on a worker, it sets values for men different from those it sets for women.

(6)A's work is of equal value to B's work if it is—

(a)neither like B's work nor rated as equivalent to B's work, but

(b)nevertheless equal to B's work in terms of the demands made on A by reference to factors such as effort, skill and decision-making.

66Sex equality clauseE+W+S

(1)If the terms of A's work do not (by whatever means) include a sex equality clause, they are to be treated as including one.

(2)A sex equality clause is a provision that has the following effect—

(a)if a term of A's is less favourable to A than a corresponding term of B's is to B, A's term is modified so as not to be less favourable;

(b)if A does not have a term which corresponds to a term of B's that benefits B, A's terms are modified so as to include such a term.

(3)Subsection (2)(a) applies to a term of A's relating to membership of or rights under an occupational pension scheme only in so far as a sex equality rule would have effect in relation to the term.

(4)In the case of work within section 65(1)(b), a reference in subsection (2) above to a term includes a reference to such terms (if any) as have not been determined by the rating of the work (as well as those that have).

67Sex equality ruleE+W+S

(1)If an occupational pension scheme does not include a sex equality rule, it is to be treated as including one.

(2)A sex equality rule is a provision that has the following effect—

(a)if a relevant term is less favourable to A than it is to B, the term is modified so as not to be less favourable;

(b)if a term confers a relevant discretion capable of being exercised in a way that would be less favourable to A than to B, the term is modified so as to prevent the exercise of the discretion in that way.

(3)A term is relevant if it is—

(a)a term on which persons become members of the scheme, or

(b)a term on which members of the scheme are treated.

(4)A discretion is relevant if its exercise in relation to the scheme is capable of affecting—

(a)the way in which persons become members of the scheme, or

(b)the way in which members of the scheme are treated.

(5)The reference in subsection (3)(b) to a term on which members of a scheme are treated includes a reference to the term as it has effect for the benefit of dependants of members.

(6)The reference in subsection (4)(b) to the way in which members of a scheme are treated includes a reference to the way in which they are treated as the scheme has effect for the benefit of dependants of members.

(7)If the effect of a relevant matter on persons of the same sex differs according to their family, marital or civil partnership status, a comparison for the purposes of this section of the effect of that matter on persons of the opposite sex must be with persons who have the same status.

(8)A relevant matter is—

(a)a relevant term;

(b)a term conferring a relevant discretion;

(c)the exercise of a relevant discretion in relation to an occupational pension scheme.

(9)This section, so far as relating to the terms on which persons become members of an occupational pension scheme, does not have effect in relation to pensionable service before 8 April 1976.

(10)This section, so far as relating to the terms on which members of an occupational pension scheme are treated, does not have effect in relation to pensionable service before 17 May 1990.

68Sex equality rule: consequential alteration of schemesE+W+S

(1)This section applies if the trustees or managers of an occupational pension scheme do not have power to make sex equality alterations to the scheme.

(2)This section also applies if the trustees or managers of an occupational pension scheme have power to make sex equality alterations to the scheme but the procedure for doing so—

(a)is liable to be unduly complex or protracted, or

(b)involves obtaining consents which cannot be obtained or which can be obtained only with undue delay or difficulty.

(3)The trustees or managers may by resolution make sex equality alterations to the scheme.

(4)Sex equality alterations may have effect in relation to a period before the date on which they are made.

(5)Sex equality alterations to an occupational pension scheme are such alterations to the scheme as may be required to secure conformity with a sex equality rule.

69Defence of material factorE+W+S

(1)The sex equality clause in A's terms has no effect in relation to a difference between A's terms and B's terms if the responsible person shows that the difference is because of a material factor reliance on which—

(a)does not involve treating A less favourably because of A's sex than the responsible person treats B, and

(b)if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim.

(2)A factor is within this subsection if A shows that, as a result of the factor, A and persons of the same sex doing work equal to A's are put at a particular disadvantage when compared with persons of the opposite sex doing work equal to A's.

(3)For the purposes of subsection (1), the long-term objective of reducing inequality between men's and women's terms of work is always to be regarded as a legitimate aim.

(4)A sex equality rule has no effect in relation to a difference between A and B in the effect of a relevant matter if the trustees or managers of the scheme in question show that the difference is because of a material factor which is not the difference of sex.

(5)Relevant matter” has the meaning given in section 67.

(6)For the purposes of this section, a factor is not material unless it is a material difference between A's case and B's.

70Exclusion of sex discrimination provisionsE+W+S

(1)The relevant sex discrimination provision has no effect in relation to a term of A's that—

(a)is modified by, or included by virtue of, a sex equality clause or rule, or

(b)would be so modified or included but for section 69 or Part 2 of Schedule 7.

(2)Neither of the following is sex discrimination for the purposes of the relevant sex discrimination provision—

(a)the inclusion in A's terms of a term that is less favourable as referred to in section 66(2)(a);

(b)the failure to include in A's terms a corresponding term as referred to in section 66(2)(b).

(3)The relevant sex discrimination provision is, in relation to work of a description given in the first column of the table, the provision referred to in the second column so far as relating to sex.

Description of workProvision
EmploymentSection 39(2)
Appointment to a personal officeSection 49(6)
Appointment to a public officeSection 50(6)
71Sex discrimination in relation to contractual payE+W+S

(1)This section applies in relation to a term of a person's work—

(a)that relates to pay, but

(b)in relation to which a sex equality clause or rule has no effect.

(2)The relevant sex discrimination provision (as defined by section 70) has no effect in relation to the term except in so far as treatment of the person amounts to a contravention of the provision by virtue of section 13 or 14.

Pregnancy and maternity equalityE+W+S

72Relevant types of workE+W+S

Sections 73 to 76 apply where a woman—

(a)is employed, or

(b)holds a personal or public office.

73Maternity equality clauseE+W+S

(1)If the terms of the woman's work do not (by whatever means) include a maternity equality clause, they are to be treated as including one.

(2)A maternity equality clause is a provision that, in relation to the terms of the woman's work, has the effect referred to in section 74(1), (6) and (8).

(3)In the case of a term relating to membership of or rights under an occupational pension scheme, a maternity equality clause has only such effect as a maternity equality rule would have.

74Maternity equality clause: payE+W+S

(1)A term of the woman's work that provides for maternity-related pay to be calculated by reference to her pay at a particular time is, if each of the following three conditions is satisfied, modified as mentioned in subsection (5).

(2)The first condition is that, after the time referred to in subsection (1) but before the end of the protected period—

(a)her pay increases, or

(b)it would have increased had she not been on maternity leave.

(3)The second condition is that the maternity-related pay is not—

(a)what her pay would have been had she not been on maternity leave, or

(b)the difference between the amount of statutory maternity pay to which she is entitled and what her pay would have been had she not been on maternity leave.

(4)The third condition is that the terms of her work do not provide for the maternity-related pay to be subject to—

(a)an increase as mentioned in subsection (2)(a), or

(b)an increase that would have occurred as mentioned in subsection (2)(b).

(5)The modification referred to in subsection (1) is a modification to provide for the maternity-related pay to be subject to—

(a)any increase as mentioned in subsection (2)(a), or

(b)any increase that would have occurred as mentioned in subsection (2)(b).

(6)A term of her work that—

(a)provides for pay within subsection (7), but

(b)does not provide for her to be given the pay in circumstances in which she would have been given it had she not been on maternity leave,

is modified so as to provide for her to be given it in circumstances in which it would normally be given.

(7)Pay is within this subsection if it is—

(a)pay (including pay by way of bonus) in respect of times before the woman is on maternity leave,

(b)pay by way of bonus in respect of times when she is on compulsory maternity leave, or

(c)pay by way of bonus in respect of times after the end of the protected period.

(8)A term of the woman's work that—

(a)provides for pay after the end of the protected period, but

(b)does not provide for it to be subject to an increase to which it would have been subject had she not been on maternity leave,

is modified so as to provide for it to be subject to the increase.

(9)Maternity-related pay is pay (other than statutory maternity pay) to which a woman is entitled—

(a)as a result of being pregnant, or

(b)in respect of times when she is on maternity leave.

(10)A reference to the protected period is to be construed in accordance with section 18.

75Maternity equality ruleE+W+S

(1)If an occupational pension scheme does not include a maternity equality rule, it is to be treated as including one.

(2)A maternity equality rule is a provision that has the effect set out in subsections (3) and (4).

(3)If a relevant term does not treat time when the woman is on maternity leave as it treats time when she is not, the term is modified so as to treat time when she is on maternity leave as time when she is not.

(4)If a term confers a relevant discretion capable of being exercised so that time when she is on maternity leave is treated differently from time when she is not, the term is modified so as not to allow the discretion to be exercised in that way.

(5)A term is relevant if it is—

(a)a term relating to membership of the scheme,

(b)a term relating to the accrual of rights under the scheme, or

(c)a term providing for the determination of the amount of a benefit payable under the scheme.

(6)A discretion is relevant if its exercise is capable of affecting—

(a)membership of the scheme,

(b)the accrual of rights under the scheme, or

(c)the determination of the amount of a benefit payable under the scheme.

(7)This section does not require the woman's contributions to the scheme in respect of time when she is on maternity leave to be determined otherwise than by reference to the amount she is paid in respect of that time.

(8)This section, so far as relating to time when she is on ordinary maternity leave but is not being paid by her employer, applies only in a case where the expected week of childbirth began on or after 6 April 2003.

(9)This section, so far as relating to time when she is on additional maternity leave but is not being paid by her employer—

(a)does not apply to the accrual of rights under the scheme in any case;

(b)applies for other purposes only in a case where the expected week of childbirth began on or after 5 October 2008.

(10)In this section—

(a)a reference to being on maternity leave includes a reference to having been on maternity leave, and

(b)a reference to being paid by the employer includes a reference to receiving statutory maternity pay from the employer.

76Exclusion of pregnancy and maternity discrimination provisionsE+W+S

(1)The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work that is modified by a maternity equality clause or rule.

(2)The inclusion in the woman's terms of a term that requires modification by virtue of section 73(2) or (3) is not pregnancy and maternity discrimination for the purposes of the relevant pregnancy and maternity discrimination provision.

(3)The relevant pregnancy and maternity discrimination provision is, in relation to a description of work given in the first column of the table, the provision referred to in the second column so far as relating to pregnancy and maternity.

Description of workProvision
EmploymentSection 39(2)
Appointment to a personal officeSection 49(6)
Appointment to a public officeSection 50(6)

Disclosure of informationE+W+S

77Discussions about payE+W+S

(1)A term of a person's work that purports to prevent or restrict the person (P) from disclosing or seeking to disclose information about the terms of P's work is unenforceable against P in so far as P makes or seeks to make a relevant pay disclosure.

(2)A term of a person's work that purports to prevent or restrict the person (P) from seeking disclosure of information from a colleague about the terms of the colleague's work is unenforceable against P in so far as P seeks a relevant pay disclosure from the colleague; and “colleague” includes a former colleague in relation to the work in question.

(3)A disclosure is a relevant pay disclosure if made for the purpose of enabling the person who makes it, or the person to whom it is made, to find out whether or to what extent there is, in relation to the work in question, a connection between pay and having (or not having) a particular protected characteristic.

(4)The following are to be treated as protected acts for the purposes of the relevant victimisation provision—

(a)seeking a disclosure that would be a relevant pay disclosure;

(b)making or seeking to make a relevant pay disclosure;

(c)receiving information disclosed in a relevant pay disclosure.

(5)The relevant victimisation provision is, in relation to a description of work specified in the first column of the table, section 27 so far as it applies for the purposes of a provision mentioned in the second column.

Description of workProvision by virtue of which section 27 has effect
Employment Section 39(3) or (4)
Appointment to a personal office Section 49(5) or (8)
Appointment to a public office Section 50(5) or (9)
78Gender pay gap informationE+W+S

(1)Regulations may require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees.

(2)This section does not apply to—

(a)an employer who has fewer than 250 employees;

(b)a person specified in Schedule 19;

(c)a government department or part of the armed forces not specified in that Schedule.

(3)The regulations may prescribe—

(a)descriptions of employer;

(b)descriptions of employee;

(c)how to calculate the number of employees that an employer has;

(d)descriptions of information;

(e)the time at which information is to be published;

(f)the form and manner in which it is to be published.

(4)Regulations under subsection (3)(e) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.

(5)The regulations may make provision for a failure to comply with the regulations—

(a)to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;

(b)to be enforced, otherwise than as an offence, by such means as are prescribed.

(6)The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

SupplementaryE+W+S

79ComparatorsE+W+S

(1)This section applies for the purposes of this Chapter.

(2)If A is employed, B is a comparator if subsection (3) or (4) applies.

(3)This subsection applies if—

(a)B is employed by A's employer or by an associate of A's employer, and

(b)A and B work at the same establishment.

(4)This subsection applies if—

(a)B is employed by A's employer or an associate of A's employer,

(b)B works at an establishment other than the one at which A works, and

(c)common terms apply at the establishments (either generally or as between A and B).

(5)If A holds a personal or public office, B is a comparator if—

(a)B holds a personal or public office, and

(b)the person responsible for paying A is also responsible for paying B.

(6)If A is a relevant member of the House of Commons staff, B is a comparator if—

(a)B is employed by the person who is A's employer under subsection (6) of section 195 of the Employment Rights Act 1996, or

(b)if subsection (7) of that section applies in A's case, B is employed by the person who is A's employer under that subsection.

(7)If A is a relevant member of the House of Lords staff, B is a comparator if B is also a relevant member of the House of Lords staff.

(8)Section 42 does not apply to this Chapter; accordingly, for the purposes of this Chapter only, holding the office of constable is to be treated as holding a personal office.

(9)For the purposes of this section, employers are associated if—

(a)one is a company of which the other (directly or indirectly) has control, or

(b)both are companies of which a third person (directly or indirectly) has control.

80Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Chapter.

(2)The terms of a person's work are—

(a)if the person is employed, the terms of the person's employment that are in the person's contract of employment, contract of apprenticeship or contract to do work personally;

(b)if the person holds a personal or public office, the terms of the person's appointment to the office.

(3)If work is not done at an establishment, it is to be treated as done at the establishment with which it has the closest connection.

(4)A person (P) is the responsible person in relation to another person if—

(a)P is the other's employer;

(b)P is responsible for paying remuneration in respect of a personal or public office that the other holds.

(5)A job evaluation study is a study undertaken with a view to evaluating, in terms of the demands made on a person by reference to factors such as effort, skill and decision-making, the jobs to be done—

(a)by some or all of the workers in an undertaking or group of undertakings, or

(b)in the case of the armed forces, by some or all of the members of the armed forces.

(6)In the case of Crown employment, the reference in subsection (5)(a) to an undertaking is to be construed in accordance with section 191(4) of the Employment Rights Act 1996.

(7)Civil partnership status” has the meaning given in section 124(1) of the Pensions Act 1995.

(8)Schedule 7 (exceptions) has effect.

Chapter 4E+W+S+N.I.Supplementary

81Ships and hovercraftE+W+S

(1)This Part applies in relation to—

(a)work on ships,

(b)work on hovercraft, and

(c)seafarers,

only in such circumstances as are prescribed.

(2)For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom.

(3)Ship” has the same meaning as in the Merchant Shipping Act 1995.

(4)Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(5)Seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft.

(6)Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

82Offshore workE+W+S+N.I.

(1)Her Majesty may by Order in Council provide that in the case of persons in offshore work—

(a)specified provisions of this Part apply (with or without modification);

(b)Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification).

(2)The Order may—

(a)provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom;

(b)make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work;

(c)exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work;

(d)provide that such proceedings must not be brought without such consent as may be required by the Order.

(3)“Offshore work” is work for the purposes of—

(a)activities in the territorial sea adjacent to the United Kingdom,

(b)activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, or

(c)activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies.

(4)Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

(5)Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland.

(6)In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals.

(7)Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

83Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Part.

(2)Employment” means—

(a)employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;

(b)Crown employment;

(c)employment as a relevant member of the House of Commons staff;

(d)employment as a relevant member of the House of Lords staff.

(3)This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose—

(a)references to terms of employment, or to a contract of employment, are to be read as including references to terms of service;

(b)references to associated employers are to be ignored.

(4)A reference to an employer or an employee, or to employing or being employed, is (subject to section 212(11)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons.

(5)Relevant member of the House of Commons staff” has the meaning given in section 195 of the Employment Rights Act 1996; and such a member of staff is an employee of—

(a)the person who is the employer of that member under subsection (6) of that section, or

(b)if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection.

(6)Relevant member of the House of Lords staff” has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords).

(7)In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person's dismissal is a reference to the termination of the person's employment.

(8)A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 52.

(9)Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996.

(10)Schedule 8 (reasonable adjustments) has effect.

(11)Schedule 9 (exceptions) has effect.

Prospective

Part 6 E+W+SEducation

Chapter 1E+W+SSchools

84Application of this ChapterE+W+S

This Chapter does not apply to the following protected characteristics—

(a)age;

(b)marriage and civil partnership.

85Pupils: admission and treatment, etc.E+W+S

(1)The responsible body of a school to which this section applies must not discriminate against a person—

(a)in the arrangements it makes for deciding who is offered admission as a pupil;

(b)as to the terms on which it offers to admit the person as a pupil;

(c)by not admitting the person as a pupil.

(2)The responsible body of such a school must not discriminate against a pupil—

(a)in the way it provides education for the pupil;

(b)in the way it affords the pupil access to a benefit, facility or service;

(c)by not providing education for the pupil;

(d)by not affording the pupil access to a benefit, facility or service;

(e)by excluding the pupil from the school;

(f)by subjecting the pupil to any other detriment.

(3)The responsible body of such a school must not harass—

(a)a pupil;

(b)a person who has applied for admission as a pupil.

(4)The responsible body of such a school must not victimise a person—

(a)in the arrangements it makes for deciding who is offered admission as a pupil;

(b)as to the terms on which it offers to admit the person as a pupil;

(c)by not admitting the person as a pupil.

(5)The responsible body of such a school must not victimise a pupil—

(a)in the way it provides education for the pupil;

(b)in the way it affords the pupil access to a benefit, facility or service;

(c)by not providing education for the pupil;

(d)by not affording the pupil access to a benefit, facility or service;

(e)by excluding the pupil from the school;

(f)by subjecting the pupil to any other detriment.

(6)A duty to make reasonable adjustments applies to the responsible body of such a school.

(7)In relation to England and Wales, this section applies to—

(a)a school maintained by a local authority;

(b)an independent educational institution (other than a special school);

(c)a special school (not maintained by a local authority).

(8)In relation to Scotland, this section applies to—

(a)a school managed by an education authority;

(b)an independent school;

(c)a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.

(9)The responsible body of a school to which this section applies is—

(a)if the school is within subsection (7)(a), the local authority or governing body;

(b)if it is within subsection (7)(b) or (c), the proprietor;

(c)if it is within subsection (8)(a), the education authority;

(d)if it is within subsection (8)(b), the proprietor;

(e)if it is within subsection (8)(c), the managers.

(10)In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—

(a)gender reassignment;

(b)religion or belief;

(c)sexual orientation.

86Victimisation of pupils, etc. for conduct of parents, etc.E+W+S

(1)This section applies for the purposes of section 27 in its application to section 85(4) or (5).

(2)The references to B in paragraphs (a) and (b) of subsection (1) of section 27 include a reference to a parent or sibling of the child in question.

(3)Giving false evidence or information, or making a false allegation, in good faith is not a protected act in a case where—

(a)the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and

(b)the child has acted in bad faith.

(4)Giving false evidence or information, or making a false allegation, in bad faith, is a protected act in a case where—

(a)the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and

(b)the child has acted in good faith.

(5)In this section—

  • child” means a person who has not attained the age of 18;

  • sibling” means a brother or sister, a half-brother or half-sister, or a stepbrother or stepsister.

87Application of certain powers under Education Act 1996E+W+S

(1)Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) apply to the performance of a duty under section 85.

(2)But neither of sections 496 and 497 of that Act applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school).

88Disabled pupils: accessibilityE+W+S

Schedule 10 (accessibility) has effect.

89Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Chapter.

(2)Nothing in this Chapter applies to anything done in connection with the content of the curriculum.

(3)“Pupil”—

(a)in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(4)“Proprietor”—

(a)in relation to a school in England and Wales, has the meaning given in section 579(1) of the Education Act 1996;

(b)in relation to a school in Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(5)“School”—

(a)in relation to England and Wales, has the meaning given in section 4 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(6)A reference to a school includes a reference to an independent educational institution in England; and a reference to an independent educational institution in England is to be construed in accordance with Chapter 1 of Part 4 of the Education and Skills Act 2008.

(7)A reference to an independent educational institution is a reference to—

(a)an independent educational institution in England, or

(b)an independent school in Wales.

(8)“Independent school”—

(a)in relation to Wales, has the meaning given in section 463 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(9)Special school” has the meaning given in section 337 of the Education Act 1996.

(10)Local authority” means—

(a)in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006;

(b)in relation to Wales, a Welsh local authority within the meaning of that section.

(11)Education authority”, in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(12)Schedule 11 (exceptions) has effect.

Chapter 2E+W+SFurther and higher education

90Application of this ChapterE+W+S

This Chapter does not apply to the protected characteristic of marriage and civil partnership.

91Students: admission and treatment, etc.E+W+S

(1)The responsible body of an institution to which this section applies must not discriminate against a person—

(a)in the arrangements it makes for deciding who is offered admission as a student;

(b)as to the terms on which it offers to admit the person as a student;

(c)by not admitting the person as a student.

(2)The responsible body of such an institution must not discriminate against a student—

(a)in the way it provides education for the student;

(b)in the way it affords the student access to a benefit, facility or service;

(c)by not providing education for the student;

(d)by not affording the student access to a benefit, facility or service;

(e)by excluding the student;

(f)by subjecting the student to any other detriment.

(3)The responsible body of such an institution must not discriminate against a disabled person—

(a)in the arrangements it makes for deciding upon whom to confer a qualification;

(b)as to the terms on which it is prepared to confer a qualification on the person;

(c)by not conferring a qualification on the person;

(d)by withdrawing a qualification from the person or varying the terms on which the person holds it.

(4)Subsection (3) applies only to disability discrimination.

(5)The responsible body of such an institution must not harass—

(a)a student;

(b)a person who has applied for admission as a student;

(c)a disabled person who holds or has applied for a qualification conferred by the institution.

(6)The responsible body of such an institution must not victimise a person—

(a)in the arrangements it makes for deciding who is offered admission as a student;

(b)as to the terms on which it offers to admit the person as a student;

(c)by not admitting the person as a student.

(7)The responsible body of such an institution must not victimise a student—

(a)in the way it provides education for the student;

(b)in the way it affords the student access to a benefit, facility or service;

(c)by not providing education for the student;

(d)by not affording the student access to a benefit, facility or service;

(e)by excluding the student;

(f)by subjecting the student to any other detriment.

(8)The responsible body of such an institution must not victimise a disabled person—

(a)in the arrangements it makes for deciding upon whom to confer a qualification;

(b)as to the terms on which it is prepared to confer a qualification on the person;

(c)by not conferring a qualification on the person;

(d)by withdrawing a qualification from the person or varying the terms on which the person holds it.

(9)A duty to make reasonable adjustments applies to the responsible body of such an institution.

(10)In relation to England and Wales, this section applies to—

(a)a university;

(b)any other institution within the higher education sector;

(c)an institution within the further education sector.

(11)In relation to Scotland, this section applies to—

(a)a university;

(b)a designated institution;

(c)a college of further education.

(12)A responsible body is—

(a)in the case of an institution within subsection (10)(a), (b) or (c), the governing body;

(b)in the case of an institution within subsection (11)(a) or (b), the governing body;

(c)in the case of a college of further education under the management of a board of management, the board of management;

(d)in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.

92Further and higher education coursesE+W+S

(1)The responsible body in relation to a course to which this section applies must not discriminate against a person—

(a)in the arrangements it makes for deciding who is enrolled on the course;

(b)as to the terms on which it offers to enrol the person on the course;

(c)by not accepting the person's application for enrolment.

(2)The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.

(3)The responsible body in relation to such a course must not harass a person who—

(a)seeks enrolment on the course;

(b)is enrolled on the course;

(c)is a user of services provided by the body in relation to the course.

(4)The responsible body in relation to such a course must not victimise a person—

(a)in the arrangements it makes for deciding who is enrolled on the course;

(b)as to the terms on which it offers to enrol the person on the course;

(c)by not accepting the person's application for enrolment.

(5)The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.

(6)A duty to make reasonable adjustments applies to the responsible body.

(7)This section applies to—

(a)a course of further or higher education secured by a responsible body in England or Wales;

(b)a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;

(c)a course of further education secured by an education authority in Scotland.

(8)A responsible body is—

(a)a local authority in England or Wales, for the purposes of subsection (7)(a);

(b)the governing body of a maintained school, for the purposes of subsection (7)(b);

(c)an education authority in Scotland, for the purposes of subsection (7)(c).

(9)In this section—

  • course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;

  • enrolment” includes registration for a component part of a course;

  • maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

  • services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.

93Recreational or training facilitiesE+W+S

(1)The responsible body in relation to facilities to which this section applies must not discriminate against a person—

(a)in the arrangements it makes for deciding who is provided with the facilities;

(b)as to the terms on which it offers to provide the facilities to the person;

(c)by not accepting the person's application for provision of the facilities.

(2)The responsible body in relation to such facilities must not discriminate against a person who is provided with the facilities in the services it provides or offers to provide.

(3)The responsible body in relation to such facilities must not harass a person who—

(a)seeks to have the facilities provided;

(b)is provided with the facilities;

(c)is a user of services provided by the body in relation to the facilities.

(4)The responsible body in relation to such facilities must not victimise a person—

(a)in the arrangements it makes for deciding who is provided with the facilities;

(b)as to the terms on which it offers to provide the facilities to the person;

(c)by not accepting the person's application for provision of the facilities.

(5)The responsible body in relation to such facilities must not victimise a person who is provided with the facilities in the services it provides or offers to provide.

(6)A duty to make reasonable adjustments applies to the responsible body.

(7)This section applies to—

(a)facilities secured by a local authority in England under section 507A or 507B of the Education Act 1996;

(b)facilities secured by a local authority in Wales under section 508 of that Act;

(c)recreational or training facilities provided by an education authority in Scotland.

(8)A responsible body is—

(a)a local authority in England, for the purposes of subsection (7)(a);

(b)a local authority in Wales, for the purposes of subsection (7)(b);

(c)an education authority in Scotland, for the purposes of subsection (7)(c).

(9)This section does not apply to the protected characteristic of age, so far as relating to persons who have not attained the age of 18.

94Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Chapter.

(2)Nothing in this Chapter applies to anything done in connection with the content of the curriculum.

(3)A reference to a student, in relation to an institution, is a reference to a person for whom education is provided by the institution.

(4)A reference to a university includes a reference to a university college and a college, school or hall of a university.

(5)A reference to an institution within the further or higher education sector is to be construed in accordance with section 91 of the Further and Higher Education Act 1992.

(6)“Further education”—

(a)in relation to England and Wales, has the meaning given in section 2 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 1(3) of the Further and Higher Education (Scotland) Act 1992.

(7)“Higher education”—

(a)in relation to England and Wales, means education provided by means of a course of a description mentioned in Schedule 6 to the Education Reform Act 1988;

(b)in relation to Scotland, has the meaning given in section 38 of the Further and Higher Education (Scotland) Act 1992.

(8)College of further education” has the meaning given in section 36 of the Further and Higher Education (Scotland) Act 1992.

(9)Designated institution” has the meaning given in section 44 of that Act.

(10)Local authority” means—

(a)in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006;

(b)in relation to Wales, a Welsh local authority within the meaning of that section.

(11)Education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

(12)Schedule 12 (exceptions) has effect.

Chapter 3E+W+SGeneral qualifications bodies

95Application of this ChapterE+W+S

This Chapter does not apply to the protected characteristic of marriage and civil partnership.

96Qualifications bodiesE+W+S

(1)A qualifications body (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b)as to the terms on which it is prepared to confer a relevant qualification on B;

(c)by not conferring a relevant qualification on B.

(2)A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification—

(a)by withdrawing the qualification from B;

(b)by varying the terms on which B holds the qualification;

(c)by subjecting B to any other detriment.

(3)A qualifications body must not, in relation to conferment by it of a relevant qualification, harass—

(a)a person who holds the qualification, or

(b)a person who applies for it.

(4)A qualifications body (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b)as to the terms on which it is prepared to confer a relevant qualification on B;

(c)by not conferring a relevant qualification on B.

(5)A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification—

(a)by withdrawing the qualification from B;

(b)by varying the terms on which B holds the qualification;

(c)by subjecting B to any other detriment.

(6)A duty to make reasonable adjustments applies to a qualifications body.

(7)Subsection (6) does not apply to the body in so far as the appropriate regulator specifies provisions, criteria or practices in relation to which the body—

(a)is not subject to a duty to make reasonable adjustments;

(b)is subject to a duty to make reasonable adjustments, but in relation to which such adjustments as the regulator specifies should not be made.

(8)For the purposes of subsection (7) the appropriate regulator must have regard to—

(a)the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities;

(b)the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred;

(c)the need to maintain public confidence in the qualification.

(9)The appropriate regulator—

(a)must not specify any matter for the purposes of subsection (7) unless it has consulted such persons as it thinks appropriate;

(b)must publish matters so specified (including the date from which they are to have effect) in such manner as is prescribed.

(10)The appropriate regulator is—

(a)in relation to a qualifications body that confers qualifications in England, a person prescribed by a Minister of the Crown;

(b)in relation to a qualifications body that confers qualifications in Wales, a person prescribed by the Welsh Ministers;

(c)in relation to a qualifications body that confers qualifications in Scotland, a person prescribed by the Scottish Ministers.

(11)For the purposes of subsection (10), a qualification is conferred in a part of Great Britain if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are or will be assessed for those purposes wholly or mainly in that part.

97InterpretationE+W+S

(1)This section applies for the purposes of section 96.

(2)A qualifications body is an authority or body which can confer a relevant qualification.

(3)A relevant qualification is an authorisation, qualification, approval or certification of such description as may be prescribed—

(a)in relation to conferments in England, by a Minister of the Crown;

(b)in relation to conferments in Wales, by the Welsh Ministers;

(c)in relation to conferments in Scotland, by the Scottish Ministers.

(4)An authority or body is not a qualifications body in so far as—

(a)it is the responsible body of a school to which section 85 applies,

(b)it is the governing body of an institution to which section 91 applies,

(c)it exercises functions under the Education Acts, or

(d)it exercises functions under the Education (Scotland) Act 1980.

(5)A qualifications body does not include an authority or body of such description, or in such circumstances, as may be prescribed.

(6)A reference to conferring a relevant qualification includes a reference—

(a)to renewing or extending the conferment of a relevant qualification;

(b)to authenticating a relevant qualification conferred by another person.

(7)A reference in section 96(8), (10) or (11) to a qualification is a reference to a relevant qualification.

(8)Subsection (11) of section 96 applies for the purposes of subsection (3) of this section as it applies for the purposes of subsection (10) of that section.

Chapter 4E+W+SMiscellaneous

98Reasonable adjustmentsE+W+S

Schedule 13 (reasonable adjustments) has effect.

99Educational charities and endowmentsE+W+S

Schedule 14 (educational charities and endowments) has effect.

Prospective

Part 7 E+W+S+N.I.Associations

PreliminaryE+W+S

100Application of this PartE+W+S

(1)This Part does not apply to the protected characteristic of marriage and civil partnership.

(2)This Part does not apply to discrimination, harassment or victimisation—

(a)that is prohibited by Part 3 (services and public functions), Part 4 (premises), Part 5 (work) or Part 6 (education), or

(b)that would be so prohibited but for an express exception.

Membership, etc.E+W+S

101Members and associatesE+W+S

(1)An association (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to admit to membership;

(b)as to the terms on which A is prepared to admit B to membership;

(c)by not accepting B's application for membership.

(2)An association (A) must not discriminate against a member (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying B's terms of membership;

(d)by subjecting B to any other detriment.

(3)An association (A) must not discriminate against an associate (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of B's rights as an associate;

(c)by varying B's rights as an associate;

(d)by subjecting B to any other detriment.

(4)An association must not harass—

(a)a member;

(b)a person seeking to become a member;

(c)an associate.

(5)An association (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to admit to membership;

(b)as to the terms on which A is prepared to admit B to membership;

(c)by not accepting B's application for membership.

(6)An association (A) must not victimise a member (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying B's terms of membership;

(d)by subjecting B to any other detriment.

(7)An association (A) must not victimise an associate (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of B's rights as an associate;

(c)by varying B's rights as an associate;

(d)by subjecting B to any other detriment.

102GuestsE+W+S

(1)An association (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;

(b)as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;

(c)by not inviting B, or not permitting B to be invited, as a guest.

(2)An association (A) must not discriminate against a guest (B) invited by A or with A's permission (whether express or implied)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by subjecting B to any other detriment.

(3)An association must not harass—

(a)a guest;

(b)a person seeking to be a guest.

(4)An association (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;

(b)as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;

(c)by not inviting B, or not permitting B to be invited, as a guest.

(5)An association (A) must not victimise a guest (B) invited by A or with A's permission (whether express or implied)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by subjecting B to any other detriment.

103Sections 101 and 102: further provisionE+W+S

(1)A duty to make reasonable adjustments applies to an association.

(2)In the application of section 26 for the purposes of section 101(4) or 102(3), neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

Special provision for political partiesE+W+S+N.I.

104Selection of candidatesE+W+S

(1)This section applies to an association which is a registered political party.

(2)A person does not contravene this Part only by acting in accordance with selection arrangements.

(3)Selection arrangements are arrangements—

(a)which the party makes for regulating the selection of its candidates in a relevant election,

(b)the purpose of which is to reduce inequality in the party's representation in the body concerned, and

(c)which, subject to subsection (7), are a proportionate means of achieving that purpose.

(4)The reference in subsection (3)(b) to inequality in a party's representation in a body is a reference to inequality between—

(a)the number of the party's candidates elected to be members of the body who share a protected characteristic, and

(b)the number of the party's candidates so elected who do not share that characteristic.

(5)For the purposes of subsection (4), persons share the protected characteristic of disability if they are disabled persons (and section 6(3)(b) is accordingly to be ignored).

(6)Selection arrangements do not include short-listing only such persons as have a particular protected characteristic.

(7)But subsection (6) does not apply to the protected characteristic of sex; and subsection (3)(c) does not apply to short-listing in reliance on this subsection.

(8)The following elections are relevant elections—

(a)Parliamentary Elections;

(b)elections to the European Parliament;

(c)elections to the Scottish Parliament;

(d)elections to the National Assembly for Wales;

(e)local government elections within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 (excluding elections for the Mayor of London).

105Time-limited provisionE+W+S+N.I.

(1)Section 104(7) and the words “, subject to subsection (7),” in section 104(3)(c) are repealed at the end of 2030 unless an order is made under subsection (2).

(2)At any time before the end of 2030, a Minister of the Crown may by order provide that subsection (1) is to have effect with the substitution of a later time for that for the time being specified there.

(3)In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of that Act), in subsection (1) for “2015” substitute “ 2030 ”.

(4)The substitution made by subsection (3) does not affect the power to substitute a later time by order under section 3 of that Act.

106Information about diversity in range of candidates, etc.E+W+S

(1)This section applies to an association which is a registered political party.

(2)If the party had candidates at a relevant election, the party must, in accordance with regulations, publish information relating to protected characteristics of persons who come within a description prescribed in the regulations in accordance with subsection (3).

(3)One or more of the following descriptions may be prescribed for the purposes of subsection (2)—

(a)successful applicants for nomination as a candidate at the relevant election;

(b)unsuccessful applicants for nomination as a candidate at that election;

(c)candidates elected at that election;

(d)candidates who are not elected at that election.

(4)The duty imposed by subsection (2) applies only in so far as it is possible to publish information in a manner that ensures that no person to whom the information relates can be identified from that information.

(5)The following elections are relevant elections—

(a)Parliamentary Elections;

(b)elections to the European Parliament;

(c)elections to the Scottish Parliament;

(d)elections to the National Assembly for Wales.

(6)This section does not apply to the following protected characteristics—

(a)marriage and civil partnership;

(b)pregnancy and maternity.

(7)The regulations may provide that the information to be published—

(a)must (subject to subsection (6)) relate to all protected characteristics or only to such as are prescribed;

(b)must include a statement, in respect of each protected characteristic to which the information relates, of the proportion that the number of persons who provided the information to the party bears to the number of persons who were asked to provide it.

(8)Regulations under this section may prescribe—

(a)descriptions of information;

(b)descriptions of political party to which the duty is to apply;

(c)the time at which information is to be published;

(d)the form and manner in which information is to be published;

(e)the period for which information is to be published.

(9)Provision by virtue of subsection (8)(b) may, in particular, provide that the duty imposed by subsection (2) does not apply to a party which had candidates in fewer constituencies in the election concerned than a prescribed number.

(10)Regulations under this section—

(a)may provide that the duty imposed by subsection (2) applies only to such relevant elections as are prescribed;

(b)may provide that a by-election or other election to fill a vacancy is not to be treated as a relevant election or is to be so treated only to a prescribed extent;

(c)may amend this section so as to provide for the duty imposed by subsection (2) to apply in the case of additional descriptions of election.

(11)Nothing in this section authorises a political party to require a person to provide information to it.

SupplementaryE+W+S

107Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Part.

(2)An “association” is an association of persons—

(a)which has at least 25 members, and

(b)admission to membership of which is regulated by the association's rules and involves a process of selection.

(3)A Minister of the Crown may by order amend subsection (2)(a) so as to substitute a different number for that for the time being specified there.

(4)It does not matter—

(a)whether an association is incorporated;

(b)whether its activities are carried on for profit.

(5)Membership is membership of any description; and a reference to a member is to be construed accordingly.

(6)A person is an “associate”, in relation to an association, if the person—

(a)is not a member of the association, but

(b)in accordance with the association's rules, has some or all of the rights as a member as a result of being a member of another association.

(7)A reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.

(8)Schedule 15 (reasonable adjustments) has effect.

(9)Schedule 16 (exceptions) has effect.

Prospective

Part 8 E+W+SProhibited conduct: ancillary

108Relationships that have endedE+W+S

(1)A person (A) must not discriminate against another (B) if—

(a)the discrimination arises out of and is closely connected to a relationship which used to exist between them, and

(b)conduct of a description constituting the discrimination would, if it occurred during the relationship, contravene this Act.

(2)A person (A) must not harass another (B) if—

(a)the harassment arises out of and is closely connected to a relationship which used to exist between them, and

(b)conduct of a description constituting the harassment would, if it occurred during the relationship, contravene this Act.

(3)It does not matter whether the relationship ends before or after the commencement of this section.

(4)A duty to make reasonable adjustments applies to A in so far as B continues to be placed at a substantial disadvantage as mentioned in section 20.

(5)For the purposes of subsection (4), sections 20, 21 and 22 and the applicable Schedules are to be construed as if the relationship had not ended.

(6)For the purposes of Part 9 (enforcement), a contravention of this section relates to the Part of this Act that would have been contravened if the relationship had not ended.

(7)But conduct is not a contravention of this section in so far as it also amounts to victimisation of B by A.

109Liability of employers and principalsE+W+S

(1)Anything done by a person (A) in the course of A's employment must be treated as also done by the employer.

(2)Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal.

(3)It does not matter whether that thing is done with the employer's or principal's knowledge or approval.

(4)In proceedings against A's employer (B) in respect of anything alleged to have been done by A in the course of A's employment it is a defence for B to show that B took all reasonable steps to prevent A—

(a)from doing that thing, or

(b)from doing anything of that description.

(5)This section does not apply to offences under this Act (other than offences under Part 12 (disabled persons: transport)).

110Liability of employees and agentsE+W+S

(1)A person (A) contravenes this section if—

(a)A is an employee or agent,

(b)A does something which, by virtue of section 109(1) or (2), is treated as having been done by A's employer or principal (as the case may be), and

(c)the doing of that thing by A amounts to a contravention of this Act by the employer or principal (as the case may be).

(2)It does not matter whether, in any proceedings, the employer is found not to have contravened this Act by virtue of section 109(4).

(3)A does not contravene this section if—

(a)A relies on a statement by the employer or principal that doing that thing is not a contravention of this Act, and

(b)it is reasonable for A to do so.

(4)A person (B) commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (3)(a) which is false or misleading in a material respect.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)Part 9 (enforcement) applies to a contravention of this section by A as if it were the contravention mentioned in subsection (1)(c).

(7)The reference in subsection (1)(c) to a contravention of this Act does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools).

111Instructing, causing or inducing contraventionsE+W+S

(1)A person (A) must not instruct another (B) to do in relation to a third person (C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 112(1) (a basic contravention).

(2)A person (A) must not cause another (B) to do in relation to a third person (C) anything which is a basic contravention.

(3)A person (A) must not induce another (B) to do in relation to a third person (C) anything which is a basic contravention.

(4)For the purposes of subsection (3), inducement may be direct or indirect.

(5)Proceedings for a contravention of this section may be brought—

(a)by B, if B is subjected to a detriment as a result of A's conduct;

(b)by C, if C is subjected to a detriment as a result of A's conduct;

(c)by the Commission.

(6)For the purposes of subsection (5), it does not matter whether—

(a)the basic contravention occurs;

(b)any other proceedings are, or may be, brought in relation to A's conduct.

(7)This section does not apply unless the relationship between A and B is such that A is in a position to commit a basic contravention in relation to B.

(8)A reference in this section to causing or inducing a person to do something includes a reference to attempting to cause or induce the person to do it.

(9)For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating—

(a)in a case within subsection (5)(a), to the Part of this Act which, because of the relationship between A and B, A is in a position to contravene in relation to B;

(b)in a case within subsection (5)(b), to the Part of this Act which, because of the relationship between B and C, B is in a position to contravene in relation to C.

112Aiding contraventionsE+W+S

(1)A person (A) must not knowingly help another (B) to do anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 111 (a basic contravention).

(2)It is not a contravention of subsection (1) if—

(a)A relies on a statement by B that the act for which the help is given does not contravene this Act, and

(b)it is reasonable for A to do so.

(3)B commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (2)(a) which is false or misleading in a material respect.

(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating to the provision of this Act to which the basic contravention relates.

(6)The reference in subsection (1) to a basic contravention does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools).

Prospective

Part 9 E+W+SEnforcement

Chapter 1E+W+SIntroductory

113ProceedingsE+W+S

(1)Proceedings relating to a contravention of this Act must be brought in accordance with this Part.

(2)Subsection (1) does not apply to proceedings under Part 1 of the Equality Act 2006.

(3)Subsection (1) does not prevent—

(a)a claim for judicial review;

(b)proceedings under the Immigration Acts;

(c)proceedings under the Special Immigration Appeals Commission Act 1997;

(d)in Scotland, an application to the supervisory jurisdiction of the Court of Session.

(4)This section is subject to any express provision of this Act conferring jurisdiction on a court or tribunal.

(5)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(6)Chapters 2 and 3 do not apply to proceedings relating to an equality clause or rule except in so far as Chapter 4 provides for that.

(7)This section does not apply to—

(a)proceedings for an offence under this Act;

(b)proceedings relating to a penalty under Part 12 (disabled persons: transport).

Chapter 2E+W+SCivil courts

114JurisdictionE+W+S

(1)A county court or, in Scotland, the sheriff has jurisdiction to determine a claim relating to—

(a)a contravention of Part 3 (services and public functions);

(b)a contravention of Part 4 (premises);

(c)a contravention of Part 6 (education);

(d)a contravention of Part 7 (associations);

(e)a contravention of section 108, 111 or 112 that relates to Part 3, 4, 6 or 7.

(2)Subsection (1)(a) does not apply to a claim within section 115.

(3)Subsection (1)(c) does not apply to a claim within section 116.

(4)Subsection (1)(d) does not apply to a contravention of section 106.

(5)For the purposes of proceedings on a claim within subsection (1)(a)—

(a)a decision in proceedings on a claim mentioned in section 115(1) that an act is a contravention of Part 3 is binding;

(b)it does not matter whether the act occurs outside the United Kingdom.

(6)The county court or sheriff—

(a)must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so;

(b)must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced.

(7)In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so.

(8)In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so.

(9)The remuneration of an assessor appointed by virtue of subsection (8) is to be at a rate determined by the Lord President of the Court of Session.

115Immigration casesE+W+S

(1)A claim is within this section if it relates to the act of an immigration authority in taking a relevant decision and—

(a)the question whether the act is a contravention of Part 3 has been or could be raised on an appeal which is pending, or could be brought, under the immigration provisions, or

(b)it has been decided on an appeal under those provisions that the act is not a contravention of Part 3.

(2)The relevant decision is not—

(a)subject to challenge in proceedings on a claim within section 114(1)(a), or

(b)affected by the decision of a court in such proceedings.

(3)For the purposes of subsection (1)(a) a power to grant permission to appeal out of time must be ignored.

(4)Each of the following is an immigration authority—

(a)the Secretary of State;

(b)an immigration officer;

(c)a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971).

(5)The immigration provisions are—

(a)the Special Immigration Appeals Commission Act 1997, or

(b)Part 5 of the Nationality, Immigration and Asylum Act 2002.

(6)A relevant decision is—

(a)a decision under the Immigration Acts relating to the entitlement of a person to enter or remain in the United Kingdom;

(b)a decision on an appeal under the immigration provisions relating to a decision within paragraph (a).

(7)An appeal is pending if it is pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the purposes of that section as it is applied by section 2(2)(j) of the Special Immigration Appeals Commission Act 1997.

116Education casesE+W+S

(1)A claim is within this section if it may be made to—

(a)the First-tier Tribunal in accordance with Part 2 of Schedule 17,

(b)the Special Educational Needs Tribunal for Wales in accordance with Part 2 of that Schedule, or

(c)an Additional Support Needs Tribunal for Scotland in accordance with Part 3 of that Schedule.

(2)A claim is also within this section if it must be made in accordance with appeal arrangements within the meaning of Part 4 of that Schedule.

(3)Schedule 17 (disabled pupils: enforcement) has effect.

117National securityE+W+S

(1)Rules of court may, in relation to proceedings on a claim within section 114, confer power as mentioned in subsections (2) to (4); but a power so conferred is exercisable only if the court thinks it expedient to do so in the interests of national security.

(2)The rules may confer power to exclude from all or part of the proceedings—

(a)the claimant or pursuer;

(b)a representative of the claimant or pursuer;

(c)an assessor.

(3)The rules may confer power to permit a claimant, pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or part of the proceedings, to which the exclusion relates.

(4)The rules may confer power to take steps to keep secret all or part of the reasons for the court's decision.

(5)The Attorney General or, in Scotland, the Advocate General for Scotland may appoint a person to represent the interests of a claimant or pursuer in, or in any part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b) relates.

(6)A person (P) may be appointed under subsection (5) only if—

(a)in relation to proceedings in England and Wales, P is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation;

(b)in relation to proceedings in Scotland, P is an advocate or qualified to practice as a solicitor in Scotland.

(7)P is not responsible to the person whose interests P is appointed to represent.

118Time limitsE+W+S

(1)Proceedings on a claim within section 114 may not be brought after the end of—

(a)the period of 6 months starting with the date of the act to which the claim relates, or

(b)such other period as the county court or sheriff thinks just and equitable.

(2)If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months” there were substituted “ 9 months ”.

(3)This subsection applies if—

(a)the claim relates to the act of a qualifying institution, and

(b)a complaint relating to the act is referred under the student complaints scheme before the end of the period of 6 months starting with the date of the act.

(4)This subsection applies if—

(a)the claim relates to a dispute referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006, and

(b)subsection (3) does not apply.

(5)If it has been decided under the immigration provisions that the act of an immigration authority in taking a relevant decision is a contravention of Part 3 (services and public functions), subsection (1) has effect as if for paragraph (a) there were substituted—

(a)the period of 6 months starting with the day after the expiry of the period during which, as a result of section 114(2), proceedings could not be brought in reliance on section 114(1)(a);.

(6)For the purposes of this section—

(a)conduct extending over a period is to be treated as done at the end of the period;

(b)failure to do something is to be treated as occurring when the person in question decided on it.

(7)In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a)when P does an act inconsistent with doing it, or

(b)if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.

(8)In this section—

  • “immigration authority”, “immigration provisions” and “relevant decision” each have the meaning given in section 115;

  • qualifying institution” has the meaning given in section 11 of the Higher Education Act 2004;

  • the student complaints scheme” means a scheme for the review of qualifying complaints (within the meaning of section 12 of that Act) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).

119RemediesE+W+S

(1)This section applies if a county court or the sheriff finds that there has been a contravention of a provision referred to in section 114(1).

(2)The county court has power to grant any remedy which could be granted by the High Court—

(a)in proceedings in tort;

(b)on a claim for judicial review.

(3)The sheriff has power to make any order which could be made by the Court of Session—

(a)in proceedings for reparation;

(b)on a petition for judicial review.

(4)An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).

(5)Subsection (6) applies if the county court or sheriff—

(a)finds that a contravention of a provision referred to in section 114(1) is established by virtue of section 19, but

(b)is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the claimant or pursuer.

(6)The county court or sheriff must not make an award of damages unless it first considers whether to make any other disposal.

(7)The county court or sheriff must not grant a remedy other than an award of damages or the making of a declaration unless satisfied that no criminal matter would be prejudiced by doing so.

Chapter 3E+W+SEmployment tribunals

120JurisdictionE+W+S

(1)An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—

(a)a contravention of Part 5 (work);

(b)a contravention of section 108, 111 or 112 that relates to Part 5.

(2)An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule.

(3)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule.

(4)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to a non-discrimination rule, and

(b)is referred to the tribunal by virtue of section 122.

(5)In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(6)Nothing in this section affects such jurisdiction as the High Court, a county court, the Court of Session or the sheriff has in relation to a non-discrimination rule.

(7)Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal.

(8)In subsection (1), the references to Part 5 do not include a reference to section 60(1).

121Armed forces casesE+W+S

(1)Section 120(1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—

(a)the complainant has made a service complaint about the matter, and

(b)the complaint has not been withdrawn.

(2)If the complaint is made under the service complaint procedures, it is to be treated for the purposes of subsection (1)(b) as withdrawn if—

(a)neither the officer to whom it is made nor a superior officer refers it to the Defence Council, and

(b)the complainant does not apply for it to be referred to the Defence Council.

(3)If the complaint is made under the old service redress procedures, it is to be treated for the purposes of subsection (1)(b) as withdrawn if the complainant does not submit it to the Defence Council under those procedures.

(4)The reference in subsection (3) to the old service redress procedures is a reference to the procedures (other than those relating to the making of a report on a complaint to Her Majesty) referred to in—

(a)section 180 of the Army Act 1955,

(b)section 180 of the Air Force Act 1955, or

(c)section 130 of the Naval Discipline Act 1957.

(5)The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of the service complaint procedures or (as the case may be) the old service redress procedures.

122References by court to tribunal, etc.E+W+S

(1)If it appears to a court in which proceedings are pending that a claim or counter-claim relating to a non-discrimination rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

(2)If in proceedings before a court a question arises about a non-discrimination rule, the court may (whether or not on an application by a party to the proceedings)—

(a)refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and

(b)stay or sist the proceedings in the meantime.

123Time limitsE+W+S

(1)Proceedings on a complaint within section 120 may not be brought after the end of—

(a)the period of 3 months starting with the date of the act to which the complaint relates, or

(b)such other period as the employment tribunal thinks just and equitable.

(2)Proceedings may not be brought in reliance on section 121(1) after the end of—

(a)the period of 6 months starting with the date of the act to which the proceedings relate, or

(b)such other period as the employment tribunal thinks just and equitable.

(3)For the purposes of this section—

(a)conduct extending over a period is to be treated as done at the end of the period;

(b)failure to do something is to be treated as occurring when the person in question decided on it.

(4)In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a)when P does an act inconsistent with doing it, or

(b)if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.

124Remedies: generalE+W+S

(1)This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1).

(2)The tribunal may—

(a)make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b)order the respondent to pay compensation to the complainant;

(c)make an appropriate recommendation.

(3)An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for the purpose of obviating or reducing the adverse effect of any matter to which the proceedings relate—

(a)on the complainant;

(b)on any other person.

(4)Subsection (5) applies if the tribunal—

(a)finds that a contravention is established by virtue of section 19, but

(b)is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant.

(5)It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c).

(6)The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be awarded by a county court or the sheriff under section 119.

(7)If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation in so far as it relates to the complainant, the tribunal may—

(a)if an order was made under subsection (2)(b), increase the amount of compensation to be paid;

(b)if no such order was made, make one.

125Remedies: national securityE+W+S

(1)In national security proceedings, an appropriate recommendation (as defined by section 124) must not be made in relation to a person other than the complainant if the recommendation would affect anything done by—

(a)the Security Service,

(b)the Secret Intelligence Service,

(c)the Government Communications Headquarters, or

(d)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(2)National security proceedings are—

(a)proceedings to which a direction under section 10(3) of the Employment Tribunals Act 1996 (national security) relates;

(b)proceedings to which an order under section 10(4) of that Act relates;

(c)proceedings (or the part of proceedings) to which a direction pursuant to regulations made under section 10(5) of that Act relates;

(d)proceedings (or the part of proceedings) in relation to which an employment tribunal acts pursuant to regulations made under section 10(6) of that Act.

126Remedies: occupational pension schemesE+W+S

(1)This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1) in relation to—

(a)the terms on which persons become members of an occupational pension scheme, or

(b)the terms on which members of an occupational pension scheme are treated.

(2)In addition to anything which may be done by the tribunal under section 124 the tribunal may also by order declare—

(a)if the complaint relates to the terms on which persons become members of a scheme, that the complainant has a right to be admitted to the scheme;

(b)if the complaint relates to the terms on which members of the scheme are treated, that the complainant has a right to membership of the scheme without discrimination.

(3)The tribunal may not make an order under subsection (2)(b) of section 124 unless—

(a)the compensation is for injured feelings, or

(b)the order is made by virtue of subsection (7) of that section.

(4)An order under subsection (2)—

(a)may make provision as to the terms on which or the capacity in which the claimant is to enjoy the admission or membership;

(b)may have effect in relation to a period before the order is made.

Chapter 4E+W+SEquality of terms

127JurisdictionE+W+S

(1)An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule.

(2)The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference in this Chapter to a complaint relating to such a breach is to be read accordingly.

(3)An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule.

(4)An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule.

(5)An employment tribunal also has jurisdiction to determine a question that—

(a)relates to an equality clause or rule, and

(b)is referred to the tribunal by virtue of section 128(2).

(6)This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—

(a)the complainant has made a service complaint about the matter, and

(b)the complaint has not been withdrawn.

(7)Subsections (2) to (5) of section 121 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section.

(8)In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer—

(a)is to be treated as a party, and

(b)is accordingly entitled to appear and be heard.

(9)Nothing in this section affects such jurisdiction as the High Court, a county court, the Court of Session or the sheriff has in relation to an equality clause or rule.

128References by court to tribunal, etc.E+W+S

(1)If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.

(2)If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings)—

(a)refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and

(b)stay or sist the proceedings in the meantime.

129Time limitsE+W+S

(1)This section applies to—

(a)a complaint relating to a breach of an equality clause or rule;

(b)an application for a declaration referred to in section 127(3) or (4).

(2)Proceedings on the complaint or application may not be brought in an employment tribunal after the end of the qualifying period.

(3)If the complaint or application relates to terms of work other than terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column.

CaseQualifying period
A standard caseThe period of 6 months beginning with the last day of the employment or appointment.
A stable work case (but not if it is also a concealment or incapacity case (or both))The period of 6 months beginning with the day on which the stable working relationship ended.
A concealment case (but not if it is also an incapacity case)The period of 6 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.
An incapacity case (but not if it is also a concealment case)The period of 6 months beginning with the day on which the worker ceased to have the incapacity.
A case which is a concealment case and an incapacity case.The period of 6 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case.

(4)If the complaint or application relates to terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column.

CaseQualifying period
A standard caseThe period of 9 months beginning with the last day of the period of service during which the complaint arose.
A concealment case (but not if it is also an incapacity case)The period of 9 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.
An incapacity case (but not if it is also a concealment case)The period of 9 months beginning with the day on which the worker ceased to have the incapacity.
A case which is a concealment case and an incapacity case.The period of 9 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case.

130Section 129: supplementaryE+W+S

(1)This section applies for the purposes of section 129.

(2)A standard case is a case which is not—

(a)a stable work case,

(b)a concealment case,

(c)an incapacity case, or

(d)a concealment case and an incapacity case.

(3)A stable work case is a case where the proceedings relate to a period during which there was a stable working relationship between the worker and the responsible person (including any time after the terms of work had expired).

(4)A concealment case in proceedings relating to an equality clause is a case where—

(a)the responsible person deliberately concealed a qualifying fact from the worker, and

(b)the worker did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(5)A concealment case in proceedings relating to an equality rule is a case where—

(a)the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact from the member, and

(b)the member did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day.

(6)A qualifying fact for the purposes of subsection (4) or (5) is a fact—

(a)which is relevant to the complaint, and

(b)without knowledge of which the worker or member could not reasonably have been expected to bring the proceedings.

(7)An incapacity case in proceedings relating to an equality clause with respect to terms of work other than terms of service in the armed forces is a case where the worker had an incapacity during the period of 6 months beginning with the later of—

(a)the relevant day, or

(b)the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(8)An incapacity case in proceedings relating to an equality clause with respect to terms of service in the armed forces is a case where the worker had an incapacity during the period of 9 months beginning with the later of—

(a)the last day of the period of service during which the complaint arose, or

(b)the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person.

(9)An incapacity case in proceedings relating to an equality rule is a case where the member of the occupational pension scheme in question had an incapacity during the period of 6 months beginning with the later of—

(a)the relevant day, or

(b)the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the member by the employer or the trustees or managers of the scheme.

(10)The relevant day for the purposes of this section is—

(a)the last day of the employment or appointment, or

(b)the day on which the stable working relationship between the worker and the responsible person ended.

131Assessment of whether work is of equal valueE+W+S

(1)This section applies to proceedings before an employment tribunal on—

(a)a complaint relating to a breach of an equality clause or rule, or

(b)a question referred to the tribunal by virtue of section 128(2).

(2)Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question.

(3)The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may—

(a)request the panel member to provide it with specified documentation;

(b)make such other requests to that member as are connected with the withdrawal of the requirement.

(4)If the tribunal requires the preparation of a report under subsection (2) (and does not withdraw the requirement), it must not determine the question unless it has received the report.

(5)Subsection (6) applies where—

(a)a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B), and

(b)A's work and B's work have been given different values by a job evaluation study.

(6)The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study—

(a)was based on a system that discriminates because of sex, or

(b)is otherwise unreliable.

(7)For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made.

(8)A reference to a member of the panel of independent experts is a reference to a person—

(a)who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service (ACAS) for the purposes of this section, and

(b)who is neither a member of the Council of ACAS nor one of its officers or members of staff.

(9)Job evaluation study” has the meaning given in section 80(5).

132Remedies in non-pensions casesE+W+S

(1)This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme.

(2)If the court or tribunal finds that there has been a breach of the equality clause, it may—

(a)make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b)order an award by way of arrears of pay or damages in relation to the complainant.

(3)The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day.

(4)In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

CaseArrears day
A standard caseThe day falling 6 years before the day on which the proceedings were instituted.
A concealment case or an incapacity case (or a case which is both).The day on which the breach first occurred.

(5)In relation to proceedings in Scotland, the arrears day is the first day of—

(a)the period of 5 years ending with the day on which the proceedings were commenced, or

(b)if the case involves a relevant incapacity, or a relevant fraud or error, the period of 20 years ending with that day.

133Remedies in pensions casesE+W+S

(1)This section applies to proceedings before a court or employment tribunal on a complaint relating to—

(a)a breach of an equality rule, or

(b)a breach of an equality clause with respect to membership of, or rights under, an occupational pension scheme.

(2)If the court or tribunal finds that there has been a breach as referred to in subsection (1)—

(a)it may make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate;

(b)it must not order arrears of benefits or damages or any other amount to be paid to the complainant.

(3)Subsection (2)(b) does not apply if the proceedings are proceedings to which section 134 applies.

(4)If the breach relates to a term on which persons become members of the scheme, the court or tribunal may declare that the complainant is entitled to be admitted to the scheme with effect from a specified date.

(5)A date specified for the purposes of subsection (4) must not be before 8 April 1976.

(6)If the breach relates to a term on which members of the scheme are treated, the court or tribunal may declare that the complainant is, in respect of a specified period, entitled to secure the rights that would have accrued if the breach had not occurred.

(7)A period specified for the purposes of subsection (6) must not begin before 17 May 1990.

(8)If the court or tribunal makes a declaration under subsection (6), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the rights referred to in that subsection.

134Remedies in claims for arrears brought by pensioner membersE+W+S

(1)This section applies to proceedings before a court or employment tribunal on a complaint by a pensioner member of an occupational pension scheme relating to a breach of an equality clause or rule with respect to a term on which the member is treated.

(2)If the court or tribunal finds that there has been a breach referred to in subsection (1), it may—

(a)make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate;

(b)order an award by way of arrears of benefits or damages or of any other amount in relation to the complainant.

(3)The court or tribunal must not order an award under subsection (2)(b) in respect of a time before the arrears day.

(4)If the court or tribunal orders an award under subsection (2)(b), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the amount of the award.

(5)In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column.

CaseArrears day
A standard caseThe day falling 6 years before the day on which the proceedings were commenced.
A concealment case or an incapacity case (or a case which is both).The day on which the breach first occurred.

(6)In relation to proceedings in Scotland, the arrears day is the first day of—

(a)the period of 5 years ending with the day on which the proceedings were commenced, or

(b)if the case involves a relevant incapacity, or a relevant fraud or error, the period of 20 years ending with that day.

135SupplementaryE+W+S

(1)This section applies for the purposes of sections 132 to 134.

(2)A standard case is a case which is not—

(a)a concealment case,

(b)an incapacity case, or

(c)a concealment case and an incapacity case.

(3)A concealment case in relation to an equality clause is a case where—

(a)the responsible person deliberately concealed a qualifying fact (as defined by section 130) from the worker, and

(b)the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.

(4)A concealment case in relation to an equality rule is a case where—

(a)the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 130) from the member, and

(b)the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact.

(5)An incapacity case is a case where the worker or member—

(a)had an incapacity when the breach first occurred, and

(b)commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity.

(6)A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 132(5)(a) is, as a result of subsection (7) below, reckoned as a period of more than 20 years.

(7)For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member—

(a)had an incapacity, or

(b)was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error).

(8)For the purposes of subsection (7)—

(a)a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person;

(b)an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person;

(c)a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme;

(d)an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme.

(9)A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned.

(10)In relation to terms of service, a reference in section 132(5) or subsection (3) or (5)(b) of this section to commencing proceedings is to be read as a reference to making a service complaint.

(11)A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member.

(12)In relation to proceedings before a court—

(a)a reference to a complaint is to be read as a reference to a claim, and

(b)a reference to a complainant is to be read as a reference to a claimant.

Chapter 5E+W+SMiscellaneous

136Burden of proofE+W+S

(1)This section applies to any proceedings relating to a contravention of this Act.

(2)If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3)But subsection (2) does not apply if A shows that A did not contravene the provision.

(4)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(5)This section does not apply to proceedings for an offence under this Act.

(6)A reference to the court includes a reference to—

(a)an employment tribunal;

(b)the Asylum and Immigration Tribunal;

(c)the Special Immigration Appeals Commission;

(d)the First-tier Tribunal;

(e)the Special Educational Needs Tribunal for Wales;

(f)an Additional Support Needs Tribunal for Scotland.

137Previous findingsE+W+S

(1)A finding in relevant proceedings in respect of an act which has become final is to be treated as conclusive in proceedings under this Act.

(2)Relevant proceedings are proceedings before a court or employment tribunal under any of the following—

(a)section 19 or 20 of the Race Relations Act 1968;

(b)the Equal Pay Act 1970;

(c)the Sex Discrimination Act 1975;

(d)the Race Relations Act 1976;

(e)section 6(4A) of the Sex Discrimination Act 1986;

(f)the Disability Discrimination Act 1995;

(g)Part 2 of the Equality Act 2006;

(h)the Employment Equality (Religion and Belief) Regulations 2003 (S.I. 2003/1660);

(i)the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(j)the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(k)the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

(3)A finding becomes final—

(a)when an appeal against the finding is dismissed, withdrawn or abandoned, or

(b)when the time for appealing expires without an appeal having been brought.

138Obtaining information, etc.E+W+S

(1)In this section—

(a)P is a person who thinks that a contravention of this Act has occurred in relation to P;

(b)R is a person who P thinks has contravened this Act.

(2)A Minister of the Crown must by order prescribe—

(a)forms by which P may question R on any matter which is or may be relevant;

(b)forms by which R may answer questions by P.

(3)A question by P or an answer by R is admissible as evidence in proceedings under this Act (whether or not the question or answer is contained in a prescribed form).

(4)A court or tribunal may draw an inference from—

(a)a failure by R to answer a question by P before the end of the period of 8 weeks beginning with the day on which the question is served;

(b)an evasive or equivocal answer.

(5)Subsection (4) does not apply if—

(a)R reasonably asserts that to have answered differently or at all might have prejudiced a criminal matter;

(b)R reasonably asserts that to have answered differently or at all would have revealed the reason for not commencing or not continuing criminal proceedings;

(c)R's answer is of a kind specified for the purposes of this paragraph by order of a Minister of the Crown;

(d)R's answer is given in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown;

(e)R's failure to answer occurs in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown.

(6)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(7)A Minister of the Crown may by order—

(a)prescribe the period within which a question must be served to be admissible under subsection (3);

(b)prescribe the manner in which a question by P, or an answer by R, may be served.

(8)This section—

(a)does not affect any other enactment or rule of law relating to interim or preliminary matters in proceedings before a county court, the sheriff or an employment tribunal, and

(b)has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

139InterestE+W+S

(1)Regulations may make provision—

(a)for enabling an employment tribunal to include interest on an amount awarded by it in proceedings under this Act;

(b)specifying the manner in which, and the periods and rate by reference to which, the interest is to be determined.

(2)Regulations may modify the operation of an order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on awards) in so far as it relates to an award in proceedings under this Act.

140Conduct giving rise to separate proceedingsE+W+S

(1)This section applies in relation to conduct which has given rise to two or more separate proceedings under this Act, with at least one being for a contravention of section 111 (instructing, causing or inducing contraventions).

(2)A court may transfer proceedings to an employment tribunal.

(3)An employment tribunal may transfer proceedings to a court.

(4)A court or employment tribunal is to be taken for the purposes of this Part to have jurisdiction to determine a claim or complaint transferred to it under this section; accordingly—

(a)a reference to a claim within section 114(1) includes a reference to a claim transferred to a court under this section, and

(b)a reference to a complaint within section 120(1) includes a reference to a complaint transferred to an employment tribunal under this section.

(5)A court or employment tribunal may not make a decision that is inconsistent with an earlier decision in proceedings arising out of the conduct.

(6)Court” means—

(a)in relation to proceedings in England and Wales, a county court;

(b)in relation to proceedings in Scotland, the sheriff.

141Interpretation, etc.E+W+S

(1)This section applies for the purposes of this Part.

(2)A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5.

(3)A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question.

(4)A reference to the terms of a person's work is to be construed in accordance with Chapter 3 of Part 5.

(5)A reference to a member of an occupational pension scheme includes a reference to a prospective member.

(6)In relation to proceedings in England and Wales, a person has an incapacity if the person—

(a)has not attained the age of 18, or

(b)lacks capacity (within the meaning of the Mental Capacity Act 2005).

(7)In relation to proceedings in Scotland, a person has an incapacity if the person—

(a)has not attained the age of 16, or

(b)is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

(8)Service complaint” means a complaint under section 334 of the Armed Forces Act 2006; and “service complaint procedures” means the procedures prescribed by regulations under that section (except in so far as relating to references under section 337 of that Act).

(9)Criminal matter” means—

(a)an investigation into the commission of an alleged offence;

(b)a decision whether to commence criminal proceedings;

(c)criminal proceedings.

Prospective

Part 10 E+W+SContracts, etc.

Contracts and other agreementsE+W+S

142Unenforceable termsE+W+S

(1)A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

(2)A relevant non-contractual term is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act, in so far as this Act relates to disability.

(3)A relevant non-contractual term is a term which—

(a)is a term of an agreement that is not a contract, and

(b)relates to the provision of an employment service within section 56(2)(a) to (e) or to the provision under a group insurance arrangement of facilities by way of insurance.

(4)A reference in subsection (1) or (2) to treatment of a description prohibited by this Act does not include—

(a)a reference to the inclusion of a term in a contract referred to in section 70(2)(a) or 76(2), or

(b)a reference to the failure to include a term in a contract as referred to in section 70(2)(b).

(5)Subsection (4) does not affect the application of section 148(2) to this section.

143Removal or modification of unenforceable termsE+W+S

(1)A county court or the sheriff may, on an application by a person who has an interest in a contract or other agreement which includes a term that is unenforceable as a result of section 142, make an order for the term to be removed or modified.

(2)An order under this section must not be made unless every person who would be affected by it—

(a)has been given notice of the application (except where notice is dispensed with in accordance with rules of court), and

(b)has been afforded an opportunity to make representations to the county court or sheriff.

(3)An order under this section may include provision in respect of a period before the making of the order.

144Contracting outE+W+S

(1)A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

(2)A relevant non-contractual term (as defined by section 142) is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act, in so far as the provision relates to disability.

(3)This section does not apply to a contract which settles a claim within section 114.

(4)This section does not apply to a contract which settles a complaint within section 120 if the contract—

(a)is made with the assistance of a conciliation officer, or

(b)is a qualifying compromise contract.

(5)A contract within subsection (4) includes a contract which settles a complaint relating to a breach of an equality clause or rule or of a non-discrimination rule.

(6)A contract within subsection (4) includes an agreement by the parties to a dispute to submit the dispute to arbitration if—

(a)the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the agreement is to submit the dispute to arbitration in accordance with the scheme.

Collective agreements and rules of undertakingsE+W+S

145Void and unenforceable termsE+W+S

(1)A term of a collective agreement is void in so far as it constitutes, promotes or provides for treatment of a description prohibited by this Act.

(2)A rule of an undertaking is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of the person that is of a description prohibited by this Act.

146Declaration in respect of void term, etc.E+W+S

(1)A qualifying person (P) may make a complaint to an employment tribunal that a term is void, or that a rule is unenforceable, as a result of section 145.

(2)But subsection (1) applies only if—

(a)the term or rule may in the future have effect in relation to P, and

(b)where the complaint alleges that the term or rule provides for treatment of a description prohibited by this Act, P may in the future be subjected to treatment that would (if P were subjected to it in present circumstances) be of that description.

(3)If the tribunal finds that the complaint is well-founded, it must make an order declaring that the term is void or the rule is unenforceable.

(4)An order under this section may include provision in respect of a period before the making of the order.

(5)In the case of a complaint about a term of a collective agreement, where the term is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column.

Description of person who made collective agreementQualifying person
EmployerA person who is, or is seeking to be, an employee of that employer
Organisation of employersA person who is, or is seeking to be, an employee of an employer who is a member of that organisation
Association of organisations of employersA person who is, or is seeking to be, an employee of an employer who is a member of an organisation in that association

(6)In the case of a complaint about a rule of an undertaking, where the rule is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column.

Description of person who made rule of undertakingQualifying person
EmployerA person who is, or is seeking to be, an employee of that employer
Trade organisation or qualifications bodyA person who is, or is seeking to be, a member of the organisation or body
A person upon whom the body has conferred a relevant qualification
A person seeking conferment by the body of a relevant qualification

SupplementaryE+W+S

147Meaning of “qualifying compromise contract”E+W+S

(1)This section applies for the purposes of this Part.

(2)A qualifying compromise contract is a contract in relation to which each of the conditions in subsection (3) is met.

(3)Those conditions are that—

(a)the contract is in writing,

(b)the contract relates to the particular complaint,

(c)the complainant has, before entering into the contract, received advice from an independent adviser about its terms and effect (including, in particular, its effect on the complainant's ability to pursue the complaint before an employment tribunal),

(d)on the date of the giving of the advice, there is in force a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising from the advice,

(e)the contract identifies the adviser, and

(f)the contract states that the conditions in paragraphs (c) and (d) are met.

(4)Each of the following is an independent adviser—

(a)a qualified lawyer;

(b)an officer, official, employee or member of an independent trade union certified in writing by the trade union as competent to give advice and as authorised to do so on its behalf;

(c)a worker at an advice centre (whether as an employee or a volunteer) certified in writing by the centre as competent to give advice and as authorised to do so on its behalf;

(d)a person of such description as may be specified by order.

(5)Despite subsection (4), none of the following is an independent adviser in relation to a qualifying compromise contract—

(a)a person who is a party to the contract or the complaint;

(b)a person who is connected to a person within paragraph (a);

(c)a person who is employed by a person within paragraph (a) or (b);

(d)a person who is acting for a person within paragraph (a) or (b) in relation to the contract or the complaint;

(e)a person within subsection (4)(b) or (c), if the trade union or advice centre is a person within paragraph (a) or (b);

(f)a person within subsection (4)(c) to whom the complainant makes a payment for the advice.

(6)A “qualified lawyer”, for the purposes of subsection (4)(a), is—

(a)in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation;

(b)in relation to Scotland, an advocate (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.

(7)Independent trade union” has the meaning given in section 5 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(8)Two persons are connected for the purposes of subsection (5) if—

(a)one is a company of which the other (directly or indirectly) has control, or

(b)both are companies of which a third person (directly or indirectly) has control.

(9)Two persons are also connected for the purposes of subsection (5) in so far as a connection between them gives rise to a conflict of interest in relation to the contract or the complaint.

148InterpretationE+W+S

(1)This section applies for the purposes of this Part.

(2)A reference to treatment of a description prohibited by this Act does not include treatment in so far as it is treatment that would contravene—

(a)Part 1 (public sector duty regarding socio-economic inequalities), or

(b)Chapter 1 of Part 11 (public sector equality duty).

(3)Group insurance arrangement” means an arrangement between an employer and another person for the provision by that other person of facilities by way of insurance to the employer's employees (or a class of those employees).

(4)Collective agreement” has the meaning given in section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(5)A rule of an undertaking is a rule within subsection (6) or (7).

(6)A rule within this subsection is a rule made by a trade organisation or a qualifications body for application to—

(a)its members or prospective members,

(b)persons on whom it has conferred a relevant qualification, or

(c)persons seeking conferment by it of a relevant qualification.

(7)A rule within this subsection is a rule made by an employer for application to—

(a)employees,

(b)persons who apply for employment, or

(c)persons the employer considers for employment.

(8)“Trade organisation”, “qualifications body” and “relevant qualification” each have the meaning given in Part 5 (work).

Prospective

Part 11 E+W+SAdvancement of equality

Chapter 1E+W+SPublic sector equality duty

149Public sector equality dutyE+W+S

(1)A public authority must, in the exercise of its functions, have due regard to the need to—

(a)eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2)A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3)Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a)remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b)take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4)The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities.

(5)Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a)tackle prejudice, and

(b)promote understanding.

(6)Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(7)The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • pregnancy and maternity;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

(8)A reference to conduct that is prohibited by or under this Act includes a reference to—

(a)a breach of an equality clause or rule;

(b)a breach of a non-discrimination rule.

(9)Schedule 18 (exceptions) has effect.

150Public authorities and public functionsE+W+S

(1)A public authority is a person who is specified in Schedule 19.

(2)In that Schedule—

  • Part 1 specifies public authorities generally;

  • Part 2 specifies relevant Welsh authorities;

  • Part 3 specifies relevant Scottish authorities.

(3)A public authority specified in Schedule 19 is subject to the duty imposed by section 149(1) in relation to the exercise of all of its functions unless subsection (4) applies.

(4)A public authority specified in that Schedule in respect of certain specified functions is subject to that duty only in respect of the exercise of those functions.

(5)A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

151Power to specify public authoritiesE+W+S

(1)A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.

(2)The Welsh Ministers may by order amend Part 2 of Schedule 19.

(3)The Scottish Ministers may by order amend Part 3 of Schedule 19.

(4)The power under subsection (1), (2) or (3) may not be exercised so as to—

(a)add an entry to Part 1 relating to a relevant Welsh or Scottish authority or a cross-border Welsh or Scottish authority;

(b)add an entry to Part 2 relating to a person who is not a relevant Welsh authority;

(c)add an entry to Part 3 relating to a person who is not a relevant Scottish authority.

(5)A Minister of the Crown may by order amend Schedule 19 so as to make provision relating to a cross-border Welsh or Scottish authority.

(6)On the first exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the Crown must—

(a)add a Part 4 to the Schedule for cross-border authorities, and

(b)add the cross-border Welsh or Scottish authority to that Part.

(7)Any subsequent exercise of the power under subsection (5) to add an entry relating to a cross-border Welsh or Scottish authority to Schedule 19 must add that entry to Part 4 of the Schedule.

(8)An order may not be made under this section so as to extend the application of section 149 unless the person making it considers that the extension relates to a person by whom a public function is exercisable.

(9)An order may not be made under this section so as to extend the application of section 149 to—

(a)the exercise of a function referred to in paragraph 3 of Schedule 18 (judicial functions, etc);

(b)a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament, devolved legislatures and General Synod);

(c)the exercise of a function listed in paragraph 4(3) of that Schedule (proceedings in Parliament or devolved legislatures).

152Power to specify public authorities: consultation and consentE+W+S

(1)Before making an order under a provision specified in the first column of the Table, a Minister of the Crown must consult the person or persons specified in the second column.

ProvisionConsultees
Section 151(1)The Commission
Section 151(1), so far as relating to a relevant Welsh authorityThe Welsh Ministers
Section 151(1), so far as relating to a relevant Scottish authorityThe Scottish Ministers
Section 151(5)The Commission
Section 151(5), so far as relating to a cross-border Welsh authorityThe Welsh Ministers
Section 151(5), so far as relating to a cross-border Scottish authorityThe Scottish Ministers

(2)Before making an order under section 151(2), the Welsh Ministers must—

(a)obtain the consent of a Minister of the Crown, and

(b)consult the Commission.

(3)Before making an order under section 151(3), the Scottish Ministers must—

(a)obtain the consent of a Minister of the Crown, and

(b)consult the Commission.

153Power to impose specific dutiesE+W+S

(1)A Minister of the Crown may by regulations impose duties on a public authority specified in Part 1 of Schedule 19 for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1).

(2)The Welsh Ministers may by regulations impose duties on a public authority specified in Part 2 of Schedule 19 for that purpose.

(3)The Scottish Ministers may by regulations impose duties on a public authority specified in Part 3 of Schedule 19 for that purpose.

(4)Before making regulations under this section, the person making them must consult the Commission.

154Power to impose specific duties: cross-border authoritiesE+W+S

(1)If a Minister of the Crown exercises the power in section 151(5) to add an entry for a public authority to Part 4 of Schedule 19, the Minister must include after the entry a letter specified in the first column of the Table in subsection (3).

(2)Where a letter specified in the first column of the Table in subsection (3) is included after an entry for a public authority in Part 4 of Schedule 19, the person specified in the second column of the Table—

(a)may by regulations impose duties on the authority for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1), subject to such limitations as are specified in that column;

(b)must in making the regulations comply with the procedural requirement specified in that column.

(3)This is the Table—

LetterPerson by whom regulations may be made and procedural requirements
ARegulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Welsh functions.
The Minister of the Crown must consult the Welsh Ministers before making the regulations.
Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions.
The Welsh Ministers must consult a Minister of the Crown before making the regulations.
BRegulations may be made by a Minister of the Crown in relation to the authority's functions that are not devolved Scottish functions.
The Minister of the Crown must consult the Scottish Ministers before making the regulations.
Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions.
The Scottish Ministers must consult a Minister of the Crown before making the regulations.
CRegulations may be made by a Minister of the Crown in relation to the authority's functions that are neither devolved Welsh functions nor devolved Scottish functions.
The Minister of the Crown must consult the Welsh Ministers and the Scottish Ministers before making the regulations.
Regulations may be made by the Welsh Ministers in relation to the authority's devolved Welsh functions.
The Welsh Ministers must consult a Minister of the Crown before making the regulations.
Regulations may be made by the Scottish Ministers in relation to the authority's devolved Scottish functions.
The Scottish Ministers must consult a Minister of the Crown before making the regulations.
DThe regulations may be made by a Minister of the Crown.
The Minister of the Crown must consult the Welsh Ministers before making the regulations.

(4)Before making regulations under subsection (2), the person making them must consult the Commission.

155Power to impose specific duties: supplementaryE+W+S

(1)Regulations under section 153 or 154 may require a public authority to consider such matters as may be specified from time to time by—

(a)a Minister of the Crown, where the regulations are made by a Minister of the Crown;

(b)the Welsh Ministers, where the regulations are made by the Welsh Ministers;

(c)the Scottish Ministers, where the regulations are made by the Scottish Ministers.

(2)Regulations under section 153 or 154 may impose duties on a public authority that is a contracting authority within the meaning of the Public Sector Directive in connection with its public procurement functions.

(3)In subsection (2)—

  • public procurement functions” means functions the exercise of which is regulated by the Public Sector Directive;

  • the Public Sector Directive” means Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended from time to time.

(4)Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a).

(5)A duty imposed on a public authority under section 153 or 154 may be modified or removed by regulations made by—

(a)a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown;

(b)the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers;

(c)the Scottish Ministers, where the original duty was imposed by regulations made by the Scottish Ministers.

156EnforcementE+W+S

A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law.

157InterpretationE+W+S

(1)This section applies for the purposes of this Chapter.

(2)A relevant Welsh authority is a person (other than the Assembly Commission) whose functions—

(a)are exercisable only in or as regards Wales, and

(b)are wholly or mainly devolved Welsh functions.

(3)A cross-border Welsh authority is a person other than a relevant Welsh authority (or the Assembly Commission) who has any function that—

(a)is exercisable in or as regards Wales, and

(b)is a devolved Welsh function.

(4)The Assembly Commission has the same meaning as in the Government of Wales Act 2006.

(5)A function is a devolved Welsh function if it relates to—

(a)a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or

(b)a matter within the legislative competence of the National Assembly for Wales.

(6)A relevant Scottish authority is a public body, public office or holder of a public office—

(a)which is not a cross-border Scottish authority or the Scottish Parliamentary Corporate Body,

(b)whose functions are exercisable only in or as regards Scotland, and

(c)at least some of whose functions do not relate to reserved matters.

(7)A cross-border Scottish authority is a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998.

(8)A function is a devolved Scottish function if it—

(a)is exercisable in or as regards Scotland, and

(b)does not relate to reserved matters.

(9)Reserved matters has the same meaning as in the Scotland Act 1998.

Chapter 2E+W+SPositive action

158Positive action: generalE+W+S

(1)This section applies if a person (P) reasonably thinks that—

(a)persons who share a protected characteristic suffer a disadvantage connected to the characteristic,

(b)persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or

(c)participation in an activity by persons who share a protected characteristic is disproportionately low.

(2)This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—

(a)enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,

(b)meeting those needs, or

(c)enabling or encouraging persons who share the protected characteristic to participate in that activity.

(3)Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.

(4)This section does not apply to—

(a)action within section 159(3), or

(b)anything that is permitted by virtue of section 104.

(5)If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.

(6)This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

159Positive action: recruitment and promotionE+W+S

(1)This section applies if a person (P) reasonably thinks that—

(a)persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

(b)participation in an activity by persons who share a protected characteristic is disproportionately low.

(2)Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

(a)overcome or minimise that disadvantage, or

(b)participate in that activity.

(3)That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

(4)But subsection (2) applies only if—

(a)A is as qualified as B to be recruited or promoted,

(b)P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and

(c)taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).

(5)Recruitment” means a process for deciding whether to—

(a)offer employment to a person,

(b)make contract work available to a contract worker,

(c)offer a person a position as a partner in a firm or proposed firm,

(d)offer a person a position as a member of an LLP or proposed LLP,

(e)offer a person a pupillage or tenancy in barristers' chambers,

(f)take a person as an advocate's devil or offer a person membership of an advocate's stable,

(g)offer a person an appointment to a personal office,

(h)offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or

(i)offer a person a service for finding employment.

(6)This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

Part 12 E+W+SDisabled persons: transport

Prospective

Chapter 1E+W+STaxis, etc.

160Taxi accessibility regulationsE+W+S

(1)The Secretary of State may make regulations (in this Chapter referred to as “taxi accessibility regulations”) for securing that it is possible for disabled persons—

(a)to get into and out of taxis in safety;

(b)to do so while in wheelchairs;

(c)to travel in taxis in safety and reasonable comfort;

(d)to do so while in wheelchairs.

(2)The regulations may, in particular, re