House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 7 July 2009
1127

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

22

Page  9,  line  10  [Clause  13],  leave out subsection (3) and insert—

‘(3)
If the protected characteristic is disability, nothing in this section shall be taken

to prohibit more favourable treatment of a disabled person on the grounds of a

disabled person’s disability.’.

Mr Mark Harper

John Penrose

Mr John Baron

23

Page  10  [Clause  14],  leave out lines 3 to 6 and insert—

‘(a)
A treats B in a particular way for a reason arising from B’s disability,

(b)
the treatment amounts to a detriment, and

(c)
A cannot show that the treatment is a proportionate means of achieving a

legitimate aim.

(1A)
For the purposes of this section, A treats B in a particular way for a reason arising

from B’s disability if—

(a)
A treats B in that way for a reason arising from B’s disability (but not by

reason of B’s disability itself); or

(b)
A treats B in that way for a reason arising from a manifestation of or

behaviour connected with B’s disability (but not by reason of B’s

disability itself).

(1B)
For the purposes of subsection (1), A treats B in a particular way for a reason

arising from B’s disability even if A treats or would treat another person without

a disability in the same way as B where that other person’s circumstances are

otherwise the same as those of A.

(1C)
For the purposes of this section, the circumstances in which A shall be taken to

be reasonably expected to know about B’s disability include where A has failed

to ask B if he has a disability.’.

Time off for workplace equality representatives

John McDonnell

NC24

To move the following Clause:—

‘(1)
An employer shall permit an employee of his who is—

(a)
a member of an independent trade union recognised by the employer, and

(b)
a workplace equality representative of the trade union,


to take reasonable time off during his working hours for any of the following

purposes.

(2)
The purposes are—

(a)
carrying out any of the following activities—

(i)
promoting equality workplace initiatives and practices;

(ii)
carrying out equality audits and assessments;

(iii)
being consulted on workplace equality policies, practices and

management systems;

(b)
consulting the employer about carrying out any such activities;

(c)
preparing for any of the things mentioned in paragraphs (a) and (b).

Notices of Amendments: 7 July 2009
1128

Equality Bill, continued

(3)
Subsection (1) only applies if—

(a)
the trade union has given the employer notice in writing that the

employee is a workplace equality representative of the trade union, and

(b)
the training condition is met in relation to him.

(4)
The training condition is met if—

(a)
the employee has undergone sufficient training to enable him to carry on

the activities mentioned in subsection (2), and the trade union has given

the employer notice in writing of that fact,

(b)
the trade union has in the last six months given the employer notice in

writing that the employee will be undergoing such training, or

(c)
within six months of the trade union giving the employer notice in

writing that the employee will be undergoing such training, the employee

has done so, and the trade union has given the employer notice of that

fact.

(5)
Only one notice under subsection (4)(b) may be given in respect of any one

employee.

(6)
References in subsection (4) to sufficient training to carry out the activities

mentioned in subsection (2) are to training that is sufficient for those purposes

having regard to any relevant equality duty imposed by this Act or provision of a

Code of Practice issued by ACAS or the Secretary of State.

(7)
If an employer is required to permit an employee to take time off under subsection

(1), he shall also permit the employee to take time off during his working hours

for the following purposes—

(a)
undergoing training which is relevant to his functions as a workplace

equality representative, and

(b)
where the trade union has in the last six months given the employer notice

under subsection (4)(b) in relation to the employee, undergoing such

training as is mentioned in subsection (4)(a).

(8)
The amount of time off which an employee is to be permitted to take under this

section and the purposes for which, the occasions on which and any conditions

subject to which time off may be so taken are those that are reasonable in all the

circumstances having regard to any relevant equality duty imposed by this Act or

provision of a Code of Practice issued by ACAS or the Secretary of State.

(9)
An employee may present a complaint to an employment tribunal that his

employer has failed to permit him to take time off as required by this section.

(10)
References in subsection (2) to equality audits and assessments are to equality

audits and assessments that are sufficient for those purposes having regard to the

relevant equality duty imposed by this Act or provision of a Code of Practice

issued by ACAS or the Secretary of State.

(11)
In subsection (2)(a), the reference to qualifying members of the trade union is to

members of the trade union—

(a)
who are employees of the employer of a description in respect of which

the union is recognised by the employer, and

(b)
in relation to whom it is the function of the workplace environmental

representative to act as such.

(12)
For the purposes of this section, a person is a workplace equality representative

of a trade union if he is appointed or elected as such in accordance with its rules.

(13)
In this section “trade union” has the meaning given in section 5 of the Trade

Union and Labour Relations (Consolidation) Act 1992.’.

Notices of Amendments: 7 July 2009
1129

Equality Bill, continued

John McDonnell

24

Page  184,  line  39  [Schedule  9],  leave out paragraph 11.