Modifications etc. (not altering text)
C1Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
(1)It is unlawful for a firm consisting of six or more partners, in relation to a position as partner in the firm, to discriminate against a person—
(a)in the arrangements they make for the purpose of determining who should be offered that position; or
(b)in the terms on which they offer him that position; or
(c)by refusing or deliberately omitting to offer him that position; or
(d)in a case where the person already holds that position—
(i)in the way they afford him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii)by expelling him from that position, or subjecting him to any other detriment.
(2)Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3)Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, being of a particular racial group would be a genuine occupational qualification for the job.
(4)In the case of a limited partnership references in this section to a partner shall be construed as references to a general partner as defined in section 3 of the M1Limited Partnerships Act 1907.
Marginal Citations
(1)This section applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.
(2)It is unlawful for an organisation to which this section applies, in the case of a person who is not a member of the organisation, to discriminate against him—
(a)in the terms on which it is prepared to admit him to membership; or
(b)by refusing or deliberately omitting to accept, his application for membership.
(3)It is unlawful for an organisation to which this section applies, in the case of a person who is a member of the organisation, to discriminate against him—
(a)in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(b)by depriving him of membership, or varying the terms on which he is a member; or
(c)by subjecting him to any other detriment.
(1)It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person—
(a)in the terms on which it is prepared to confer on him that authorisation or qualification; or
(b)by refusing, or deliberately omitting to grant, his application for it; or
(c)by withdrawing it from him or varying the terms on which he holds it.
(2)In this section—
(a)“authorisation or qualification” includes recognition, registration, enrolment, approval and certification;
(b)“confer” includes renew or extend.
(3)Subsection (1) does not apply to discrimination which is rendered unlawful by section 17 or 18.
(1)It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him–
(a)in the terms on which that person affords him access to any training course or other facilities concerned with such training; or
(b)by refusing or deliberately omitting to afford him such access; or
(c)by terminating his training; or
(d)by subjecting him to any detriment during the course of his training.
(2)Subsection (1) does not apply to—
(a)discrimination which is rendered unlawful by section 4(1) or (2) or section 17 or 18; or
(b)discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.]
Textual Amendments
F1S. 13 substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(2)
(1)It is unlawful for an employment agency to discriminate against a person—
(a)in the terms on which the agency offers to provide any of its services; or
(b)by refusing or deliberately omitting to provide any of its services; or
(c)in the way it provides any of its services.
(2)It is unlawful for a local education authority or an education authority to do any act in the performance of its functions under section 8 of the M2Employment and Training Act 1973 which constitutes discrimination.
(3)References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(4)This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person in question.
(5)An employment agency or local education authority or an education authority shall not be subject to any liability under this section if it proves—
(a)that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (4), its action would not be unlawful; and
(b)that it was reasonable for it to rely on the statement.
(6)A person who knowingly or recklessly makes a statement such as is referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F2level 5 on the standard scale].
Textual Amendments
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Marginal Citations
[F3(1)It is unlawful for the [F4Secretary of State F5. . . ] to discriminate in the provision of facilities or services under section 2 of the Employment and Training Act 1973]
[F6(1A)It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of section 2 of the said Act of 1973).]
(2)This section does not apply in a case where—
(a)section 13 applies; or
(b)the [F7Secretary of State] is acting as an employment agency.
Textual Amendments
F3S. 15(1) substituted by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 9, Sch. 2 para. 20
F4Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 Pt. II para. 12(2)
F5Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F6S. 15(1A) inserted (S.) (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 18
F7Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 29(3), Sch. 6 para. 15