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| Equality Bill, As Amended |
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| | Royal marriages (prevention of religious discrimination) |
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| To move the following Clause:— |
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| | ‘(1) | The Bill of Rights (1688 1 Will. & Mar. Sess. 2 c. 2) is amended as follows. |
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| | (2) | In section 1, the paragraph starting “Upon which their said Majestyes did accepte |
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| | the crowne”, omit the words “or shall marry a papist” and “or marrying”. |
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| | (3) | The Act of Settlement 1700 is amended as follows. |
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| | (4) | In section 2 (The persons inheritable by this Act, holding communion with the |
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| | church of Rome, incapacitated as by the former Act, to take the oath at their |
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| | coronation, according to Stat 1, W & M c. 6), omit the words “or shall marry a |
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| | (5) | The Union with Scotland Act 1706 (c. 11) is amended as follows. |
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| | (6) | In Article II (succession to the monarchy), omit the words “and persons marrying |
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| | papists” and the words “or person marrying a papist”. |
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| | (7) | The Union with England Act 1707 (c. 7) is amended as follows. |
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| | (8) | In Article II, omit the words “and persons marrying papists” and the words “or |
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| | person marrying a papist”. |
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| | (9) | The Royal Marriages Act 1772 (c. 11) is repealed. |
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| | (10) | Within one year of Royal Assent to this Act the Secretary of State shall consult |
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| | governments of constitutional monarchies under Her Majesty within the |
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| | Commonwealth on the provisions of this section. |
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| | (11) | Subject to subsection (14), this section comes into force on such a day as the |
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| | Secretary of State may by order appoint. |
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| | (12) | No order may be made under this section before the Secretary of State has carried |
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| | out consultations pursuant to subsection (10). |
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| | (13) | For the avoidance of doubt this section does not affect the validity of any |
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| | succession to the Crown which occurred before the date on which this section |
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| | (14) | This section affects the order of succession to the Crown in the event of the death |
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| | (15) | The Secretary of State shall make an order under this section within three years |
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| | of Royal Assent to this Act. |
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| | (16) | This section extends to the United Kingdom only.’. |
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| | Succession to the Crown (prevention of sex discrimination) |
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| To move the following Clause:— |
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| | ‘(1) | In determining the line of succession to the Crown and to all rights, privileges and |
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| | dignities belonging thereto, no account shall be taken of gender, notwithstanding |
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| | any previous custom or rule of law to the contrary. |
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| | (2) | This section is subject to the Act of Settlement 1700. |
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| | (3) | Within one year of Royal Assent to this Act the Secretary of State shall consult |
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| | governments of constitutional monarchies under Her Majesty within the |
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| | Commonwealth on the provisions of this section. |
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| | (4) | Subject to subsection (7), this section comes into force on such a day as the |
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| | Secretary of State may by order appoint. |
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| | (5) | No order may be made under this section before the Secretary of State has carried |
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| | out consultations pursuant to subsection (3). |
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| | (6) | For the avoidance of doubt this section does not affect the validity of any |
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| | succession to the Crown which occurred before the date on which this section |
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| | (7) | This section affects the order of succession to the Crown in the event of the death |
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| | (8) | The Secretary of State shall make an order under this section within three years |
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| | of Royal Assent to this Act. |
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| | (9) | This section extends to the United Kingdom only.’. |
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| To move the following Clause:— |
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| | ‘(1) | Within six months of the day on which this Act is passed the Secretary of State |
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| | shall by regulations require designated employers to conduct a pay audit and to |
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| | publish information relating to the pay of its employees for the purpose of |
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| | showing whether there are differences in the pay of male and female employees. |
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| | (2) | Without prejudice to the generality of subsection (1) regulations made pursuant |
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| | to subsection (1) shall require designated employers to publish information |
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| | (a) | the average hourly pay of male workers and the average hourly pay of |
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| | female workers within its employment; |
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| | (b) | in respect of each role within the organisation— |
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| | (i) | the average pay awarded to workers engaged in the role; |
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| | (ii) | the percentage of men and women engaged in that role; |
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| | (iii) | the gap, if any, between the average hourly pay of male and |
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| | female employees in that role; and |
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| | (iv) | the average length of service of men and women engaged in that |
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| | (c) | information identifying— |
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| | (i) | any description of activities carried out in the course of |
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| | employment with the employer by any group of workers who are |
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| | (ii) | any descriptions of activities carried out in the course of |
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| | employment with the employer by any group of workers who are |
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| | (iii) | the relative values of the descriptions of activities falling within |
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| | paragraph (c)(i) and paragraph (c)(ii); and |
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| | (iv) | in relation to descriptions of activities within subsection (c)(i) |
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| | and subsection (c)(ii) which are judged to be of equal value to |
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| | each other, the average hourly pay of male workers and average |
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| | hourly pay of female workers carrying on those activities. |
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| | (3) | For the purposes of this section, “pay” means the ordinary basic or minimum |
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| | wage or salary and any other consideration, whether in cash or kind, which the |
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| | worker receives directly or indirectly, in respect of his employment, from his |
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| | employer and includes the cost to the employer of— |
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| | (a) | any pensions contributions paid by the employer in respect of the worker, |
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| | (b) | any bonus or other performance related or incentive payment, and |
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| | (c) | any discretionary benefit granted to a worker in connection with his or |
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| | (4) | Without prejudice to the generality of subsection (1) regulations made pursuant |
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| | to that subsection shall specify the process which an employer must follow in |
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| | conducting a pay audit, the form in which the information must be published, and |
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| | the degree and means of publicity to be made. |
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| | (5) | In making regulations pursuant to subsection (1) the Secretary of State shall adopt |
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| | best practice for promoting awareness of the nature and causes of any pay gap |
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| | between persons of different genders as set out by the International Labour |
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| | Organisation from time to time. |
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| | (6) | The Secretary of State shall consult with the Equality and Human Rights |
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| | Commission as to how to ensure that the regulations shall reflect best practice |
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| | prior to the making of the first regulations and no less than every five years |
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| | thereafter and shall amend the regulations as necessary to ensure that best practice |
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| | (7) | Without prejudice to the generality of subsection (1) regulations made pursuant |
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| | to that subsection shall provide that where an employer fails to publish |
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| | information as required by regulations made pursuant to subsection (1) an |
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| | employer shall not be entitled to submit a material factor defence in accordance |
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| | with section 64 in relation to any period for which they are in breach of their |
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| | obligations under those regulations. |
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| | (8) | Where the information published by an employer reveals that there is a difference |
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| | in the average pay of men and women doing relevant types of work as set out in |
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| | section 59, then in any proceedings to enforce a sex equality rule or sex equality |
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| | clause it shall be presumed that there is such a breach unless the employer can |
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| | show a material factor defence. |
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| | (9) | Regulations made pursuant to subsection (1) may make provision for a failure to |
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| | comply with the regulations— |
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| | (a) | to be an offence punishable on summary conviction by a fine not |
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| | exceeding level 5 on the standard scale; |
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| | (b) | to be enforced, otherwise than as an offence, by such means as is |
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| | (10) | The reference to a failure to comply with the regulations includes a reference to |
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| | a failure by a person acting on behalf of an employer. |
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| | (11) | Regulations made pursuant to subsection (1) shall provide that an employer must |
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| | conduct a pay audit and publish information relating to the pay of its employees |
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| | within six months of the coming into force of the regulations. |
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| | (12) | Regulations made pursuant to subsection (1) shall provide that where an |
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| | employer (A) is able to determine the terms and conditions of employment as |
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| | between another employer (B) and its employees, A shall publish the information |
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| | that B would otherwise be required to publish in a way which is consolidated with |
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| | the information for all other employees of A whose terms and conditions A may |
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| | determine, and where A publishes consolidated information B shall not be in |
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| | breach of those regulations if it does not publish any information. |
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| | (13) | A designated employer means an employer who has more than 100 employees. |
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| | (14) | Regulations made pursuant to subsection (1) shall require designated employers |
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| | publishing information in relation to the average hourly pay of employees to |
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| | specify how much of the hourly rate constitutes ordinary basic or minimum wage |
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| | or salary and how much, if any, constitutes other consideration and to specify the |
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| | types and amounts of any such other consideration.’. |
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| | Representative actions in equal pay claims |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must make regulations to permit the Equality and Human |
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| | Rights Commission or a registered trade union to apply to a court or tribunal as |
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| | appropriate for a representative action order in relation to a defined class of |
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| | persons (“the class”) who would benefit from the litigation of rights, or common |
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| | issues in relation to rights that members of the class may have as a result of the |
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| | (2) | The regulations shall make rules in relation to the making and termination of a |
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| | representative action order and its conduct. |
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| | (3) | Such rules shall provide for hearings to be conducted in private when it is |
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| | necessary for the issues between the members of the class and the Equality and |
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| | Human Rights Commission or a registered trade union to be resolved and those |
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| | issues are subject to legal professional privilege shared by members of the class. |
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| | (4) | Such rules shall make provision for the hearing of any issue as defined in |
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| | subsection (3) to be undertaken and managed by a different judge or tribunal from |
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| | the judge and tribunal that have the responsibility for determining the rights or |
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| | common issue in relation to rights, of the member class.’. |
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| | Hypothetical comparisons in equal pay cases |
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| To move the following Clause:— |
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| | ‘(1) | To the extent set out in subsections (2) and (3), sections 61 to 64 apply where a |
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| | person (A) does not have a colleague (B) who does work that falls within section |
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| | 59, because there is no such person of the opposite sex to A. |
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| | (2) | The provisions of section 61 will apply to the extent that a term of A’s is less |
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| | favourable than a corresponding term of B would be, or that A does not have a |
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| | (3) | The provisions of section 62 will apply to the extent that a term of A’s is less |
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| | favourable than a corresponding term of B would be, or if a discretion in relation |
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| | to A is capable of being exercised in a way which is less favourable than it would |
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| | Defence of material factor (No. 2) |
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| To move the following Clause:— |
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| | ‘(1) | The sex equality clause in A’s terms has no effect in relation to a difference |
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| | between A’s terms and B’s terms if the responsible person shows that the |
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| | difference is because of a material factor— |
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| | (a) | which does not constitute discrimination because of sex within the |
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| | meaning of section 13, and |
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| | (b) | if the factor puts or would put A and persons of the same sex as A at a |
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| | particular disadvantage when compared with persons of the opposite sex, |
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| | reliance upon that factor is shown by the responsible person to be |
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| | objectively justified by a legitimate aim and appropriate and necessary to |
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| | the achievement of that aim. |
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| | (2) | A sex equality rule has no effect in relation to a difference between A and B in |
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| | the effect of a relevant matter if the trustees or managers of the scheme in question |
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| | show that the difference is because of a material factor which— |
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| | (a) | does not constitute discrimination because of sex within the meaning of |
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| | (b) | if the factor puts or would put A and persons of the same sex as A at a |
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| | particular disadvantage when compared with persons of the opposite sex, |
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| | reliance upon that factor is shown by the responsible person to be |
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| | objectively justified by a legitimate aim and appropriate and necessary to |
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| | the achievement of that aim. |
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| | (3) | “Relevant matter” has the meaning given in section 62. |
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| | (4) | For the purposes of this section, a factor is not material unless it is a material |
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| | difference between A’s case and B’s.’. |
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| Page 49, line 1, leave out Clause 64. |
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| | Harassment (sexual orientation)—education and services and public functions |
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| To move the following Clause:— |
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| | ‘(1) | A person (A) harasses another (B) if A engages in unwanted conduct related to a |
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| | relevant protected characteristic which has the purpose or effect mentioned in |
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| | (2) | The purpose or effect is— |
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| | (a) | violating B’s dignity, and |
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| | (b) | creating an intimidating, hostile, degrading, humiliating or offensive |
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| | (3) | In deciding whether conduct has that effect, each of the following must be taken |
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| | (b) | the other circumstances of the case; |
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| | (c) | whether it is reasonable for the conduct to have that effect. |
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| | (4) | The relevant protected characteristic is sexual orientation. |
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| | (5) | This section applies to— |
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| | (a) | Part 3 (services and public functions) where the service or public function |
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| | is carried out by a public authority, or on behalf of a public authority, |
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| | under the terms of a contract with a public authority, or is otherwise a |
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| | function of a public nature, and |
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| | (b) | Part 6 (education).’. |
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| | Harassment (gender reassignment)—education |
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| To move the following Clause:— |
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| | ‘(1) | A person (A) harasses another (B) if— |
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| | (a) | A engages in unwanted conduct related to a relevant protected |
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| | characteristic which has the purpose or effect mentioned in subsection |
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| | (b) | A engages in any form of unwanted verbal, non-verbal or physical |
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| | conduct of a sexual nature that has that purpose or effect, or |
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| | (c) | because of B’s rejection of or submission to conduct (whether or not of |
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| | A), A treats B less favourably than A would treat B if B had not rejected |
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| | or submitted to the conduct. |
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| | (2) | The purpose or effect is— |
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| | (a) | violating B’s dignity, and |
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| | (b) | creating an intimidating, hostile, degrading, humiliating or offensive |
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| | (3) | In deciding whether conduct has that effect, each of the following must be taken |
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| | (b) | the other circumstances of the case; |
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| | (c) | whether it is reasonable for the conduct to have that effect. |
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| | (4) | For the purposes of subsection (1)(c), the conduct is— |
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| | (a) | conduct mentioned in subsection (1)(a), or |
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| | (b) | conduct mentioned in subsection (1)(b). |
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| | (5) | The relevant protected characteristic is gender reassignment. |
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| | (6) | This section applies to Part 6 (education).’. |
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| | Harassment (religion or belief)—education and services and public functions |
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| To move the following Clause:— |
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| | ‘(1) | A person (A) harasses another (B) if A engages in unwanted conduct related to a |
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| | relevant protected characteristic which has the purpose or effect mentioned in |
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| | (2) | The purpose or effect is— |
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| | (a) | violating B’s dignity, and |
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| | (b) | creating an intimidating, hostile, degrading or humiliating environment |
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| | (3) | In deciding whether conduct has that effect, each of the following must be taken |
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| | (b) | the other circumstances of the case; |
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| | (c) | whether it is reasonable for the conduct to have that effect. |
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| | (4) | The relevant protected characteristic is religion or belief. |
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| | (5) | This section applies to— |
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| | (a) | Part 3 (services and public functions) where the service or public function |
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| | is carried out by a public authority, or on behalf of a public authority, |
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| | under the terms of a contract with a public authority, or is otherwise a |
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| | function of a public nature, and |
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| | (b) | Part 6 (education).’. |
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| To move the following Clause:— |
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| | ‘In relation to the protected characteristics of caste— |
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| | (a) | a reference to a person who has a particular protected characteristic is a |
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| | reference to a person of a particular caste. |
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| | (b) | a reference to persons who share a protected characteristic is a reference |
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| | to a person of the same caste.’. |
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| Page 4, line 15 [Clause 4], at end insert ‘caste.’. |
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| | Pre-interview discrimination protection |
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| To move the following Clause:— |
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