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.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 40(2)-(4) omitted (1.10.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 65, 103(3); S.I. 2013/2227, art. 2(c) (with art. 4)
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).