Equality Act 2010

Prospective

51Public offices: recommendations for appointments, etc.E+W+S
This sectionnoteType=Explanatory Notes has no associated

(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.