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Section 75
1
Neither a sex equality clause nor a maternity equality clause has effect in
relation to terms of work affected by compliance with laws regulating—
(a) the employment of women;
(b) the appointment of women to personal or public offices.
2
A sex equality clause does not have effect in relation to terms of work
affording special treatment to women in connection with pregnancy or
childbirth.
3
(1)
A sex equality rule does not have effect in relation to a difference as between
men and women in the effect of a relevant matter if the difference is
permitted by or by virtue of this Part of this Schedule.
(2) 20“Relevant matter” has the meaning given in section 62.
4
(1)
This paragraph applies where a man and a woman are eligible, in such
circumstances as may be prescribed, to receive different amounts by way of
pension.
(2)
25The difference is permitted if, in prescribed circumstances, it is attributable
only to differences between men and women in the retirement benefits to
which, in prescribed circumstances, the man and woman are or would be
entitled.
(3)
“Retirement benefits” are benefits under sections 43 to 55 of the Social
30Security Contributions and Benefits Act 1992 (state retirement pensions).
5
(1)
A difference as between men and women is permitted if it consists of
applying to the calculation of the employer’s contributions to an
occupational pension scheme actuarial factors which—
(a) 35differ for men and women, and
(b) are of such description as may be prescribed.
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(2)
A difference as between men and women is permitted if it consists of
applying to the determination of benefits of such description as may be
prescribed actuarial factors which differ for men and women.
6
(1)
5A Minister of the Crown may by regulations amend this Part of this
Schedule so as to add, vary or omit provision about cases where a difference
as between men and women in the effect of a relevant matter is permitted.
(2)
The regulations may make provision about pensionable service before the
date on which they come into force (but not about pensionable service before
1017 May 1990).
Section 78
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part of this Act.
2 (1) A must comply with the first, second and third requirements.
(2) 20For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 19(4) to a physical feature is a reference to a
25physical feature of premises occupied by A;
(c)
the reference in section 19(3) or (4) to a disabled person is to an
interested disabled person.
(3)
In relation to the first and third requirements, a relevant matter is any matter
specified in the first column of the applicable table in Part 2 of this Schedule.
(4) 30In relation to the second requirement, a relevant matter is—
(a)
a matter specified in the second entry of the first column of the
applicable table in Part 2 of this Schedule, or
(b) where there is only one entry in a column, a matter specified there.
(5)
If two or more persons are subject to a duty to make reasonable adjustments
35in relation to the same interested disabled person, each of them must comply
with the duty so far as it is reasonable for each of them to do so.
3
(1)
This paragraph applies if a duty to make reasonable adjustments is imposed
on A by section 52 (except where the employment service which A provides
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is the provision of vocational training within the meaning given by section
53(8)(b)).
(2)
The reference in section 19(3), (4) and (5) to a disabled person is to an
interested disabled person.
(3)
5In relation to each requirement, the relevant matter is the employment
service which A provides.
(4)
Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.
4
An interested disabled person is a disabled person who, in relation to a
relevant matter, is of a description specified in the second column of the
applicable table in this Part of this Schedule.
5 (1) This paragraph applies where A is an employer.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer employment. |
A person who is, or has notified A that the person may be, an applicant for the 20employment. |
| Employment by A. | An applicant for employment by A. An employee of A’s. |
(2)
Where A is the employer of a disabled contract worker (B), A must comply
with the first, second and third requirements on each occasion when B is
25supplied to a principal to do contract work.
(3)
In relation to the first requirement (as it applies for the purposes of sub-
paragraph (2))—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
30of all or most of the principals to whom B is or might be supplied,
(b)
the reference to being put at a substantial disadvantage is a reference
to being likely to be put at a substantial disadvantage that is the same
or similar in the case of each of the principals referred to in
paragraph (a), and
(c)
35the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if the provision, criterion
or practice were applied by or on behalf of A.
(4)
In relation to the second requirement (as it applies for the purposes of sub-
paragraph (2))—
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(a)
the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by each of the principals
referred to in sub-paragraph (3)(a),
(b)
the reference to being put at a substantial disadvantage is a reference
5to being likely to be put at a substantial disadvantage that is the same
or similar in the case of each of those principals, and
(c)
the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if the premises were
occupied by A.
(5)
10In relation to the third requirement (as it applies for the purposes of sub-
paragraph (2))—
(a)
the reference in section 19(5) to being put at a substantial
disadvantage is a reference to being likely to be put at a substantial
disadvantage that is the same or similar in the case of each of the
15principals referred to in sub-paragraph (3)(a), and
(b)
the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if A were the person to
whom B was supplied.
6 (1) 20This paragraph applies where A is a principal.
| Relevant matter | Description of disabled person |
|---|---|
| Contract work that A may make available. |
A person who is, or has notified A that the person may be, an applicant to do the work. |
| Contract work that A makes available. |
25A person who is supplied to do the work. |
(2)
A is not required to do anything that a disabled person’s employer is
required to do by virtue of paragraph 5.
7 (1) 30This paragraph applies where A is a firm or a proposed firm.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer a position as a partner. |
A person who is, or has notified A that the person may be, a candidate for the position. |
| A position as a partner. | 35A candidate for the position. The partner who holds the position. |
(2)
Where a firm or proposed firm (A) is required by this Schedule to take a step
in relation to an interested disabled person (B)—
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(a) the cost of taking the step is to be treated as an expense of A;
(b)
the extent to which B should (if B is or becomes a partner) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
8 (1) This paragraph applies where A is an LLP or a proposed LLP.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer a position as a member. |
A person who is, or has notified A that the person may be, a candidate for the 10position. |
| A position as a member. | A candidate for the position. The member who holds the position. |
(2)
Where an LLP or proposed LLP (A) is required by this Schedule to take a
15step in relation to an interested disabled person (B)—
(a) the cost of taking the step is to be treated as an expense of A;
(b)
the extent to which B should (if B is or becomes a member) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
9 This paragraph applies where A is a barrister or barrister’s clerk.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer a pupillage or tenancy. |
A person who is, or has notified A that the person may be, an applicant for the pupillage or tenancy. |
| A pupillage or tenancy. | 25An applicant for the pupillage or tenancy. The pupil or tenant. |
10 This paragraph applies where A is an advocate or advocate’s clerk.
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| Relevant matter | Description of disabled person |
|---|---|
| Deciding who to offer to take as a devil or to whom to offer membership of a stable. |
A person who applies, or has notified A that the person may apply, to be taken as a devil or to become a 5member of the stable. |
| The relationship with a devil or membership of a stable. |
An applicant to be taken as a devil or to become a member of the stable. The devil or member. |
11
10This paragraph applies where A is a person who has the power to make an
appointment to a personal or public office.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer the appointment. |
A person who is, or has notified A that the person may be, seeking the appointment. A person who is being considered for 15the appointment. |
| Appointment to the office. | A person who is seeking, or being considered for, appointment to the 20office. |
12
This paragraph applies where A is a relevant person in relation to a personal
or public office.
| Relevant matter | Description of disabled person |
|---|---|
| Appointment to the office. | A person appointed to the office. |
13
25This paragraph applies where A is a person who has the power to make a
recommendation for, or give approval to, an appointment to a public office.
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| Relevant matter | Description of disabled person |
|---|---|
| Deciding who to recommend or approve for appointment to the office. |
A person who is, or has notified A that the person may be, seeking recommendation or approval for 5appointment to the office. A person who is being considered for recommendation or approval for appointment to the office. |
| An appointment to the office. | A person who is seeking, or being 10considered for, appointment to the office in question. |
14
In relation to the second requirement in a case within paragraph 11, 12 or 13,
the reference in paragraph 2(2)(b) to premises occupied by A is to be read as
a reference to premises—
(a) 15under the control of A, and
(b) at or from which the functions of the office concerned are performed.
15 (1) This paragraph applies where A is a qualifications body.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding on whom to confer a relevant qualification. |
20A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification. |
| Conferment by the body of a relevant qualification. |
An applicant for the conferment of the qualification. 25A person who holds the qualification. |
(2)
A provision, criterion or practice does not include the application of a
competence standard.
16 This paragraph applies where—
(a) 30A is an employment service-provider, and
(b)
the employment service which A provides is vocational training
within the meaning of section 53(8)(b).
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| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer to provide the service. |
A person who is, or has notified A that the person may be, an applicant for the provision of the service. |
| Provision by A of the service. | 5A person who applies to A for the provision of the service. A person to whom A provides the service. |
17 10This paragraph applies where A is a trade organisation.
| Relevant matter | Description of disabled person |
|---|---|
| Deciding to whom to offer membership of the organisation. |
A person who is, or has notified A that the person may be, an applicant for membership. |
| Membership of the organisation. | 15An applicant for membership. A member. |
18 (1) This paragraph applies where A is a local authority.
| Relevant matter | Description of disabled person |
|---|---|
| A member’s carrying-out of official business. |
20The member. |
(2)
Regulations may, for the purposes of a case within this paragraph, make
provision—
(a)
as to circumstances in which a provision, criterion or practice is, or is
25not, to be taken to put a disabled person at the disadvantage referred
to in the first requirement;
(b)
as to circumstances in which a physical feature is, or is not, to be
taken to put a disabled person at the disadvantage referred to in the
second requirement;
(c)
30as to circumstances in which it is, or in which it is not, reasonable for
a local authority to be required to take steps of a prescribed
description;
(d)
as to steps which it is always, or which it is never, reasonable for a
local authority to take.
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19
This paragraph applies where A is, in relation to an occupational pension
scheme, a responsible person within the meaning of section 57.
| Relevant matter | Description of disabled person |
|---|---|
| Carrying out A’s functions in relation to the scheme. |
5A person who is or may be a member of the scheme. |
20
(1)
10A is not subject to a duty to make reasonable adjustments if A does not
know, and could not reasonably be expected to know—
(a)
in the case of an applicant or potential applicant, that an interested
disabled person is or may be an applicant for the work in question;
(b)
in any other case referred to in this Part of this Schedule, that an
15interested disabled person has a disability and is likely to be placed
at the disadvantage referred to in the first, second or third
requirement.
(2)
An applicant is, in relation to the description of A specified in the first
column of the table, a person of a description specified in the second column
20(and the reference to a potential applicant is to be construed accordingly).
| Description of A | Applicant |
|---|---|
| An employer | An applicant for employment |
| A firm or proposed firm | A candidate for a position as a partner |
| An LLP or proposed LLP | A candidate for a position as a member |
| A barrister or barrister’s clerk |
25An applicant for a pupillage or tenancy |
| An advocate or advocate’s clerk |
An applicant for being taken as an advocate’s devil or for becoming a member of a stable |
| A relevant person in relation to a personal or public office |
30A person who is seeking appointment to, or recommendation or approval for appointment to, the office |
| A qualifications body | An applicant for the conferment of a relevant qualification |
| An employment service- provider |
35An applicant for the provision of an employment service |
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| Description of A | Applicant |
|---|---|
| A trade organisation | An applicant for membership |
(3)
If the duty to make reasonable adjustments is imposed on A by section 52,
this paragraph applies only in so far as the employment service which A
5provides is vocational training within the meaning of section 53(8)(a).