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| | ‘(4A) | A trade organisation must not ask for details of an applicant’s health or |
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| | disabilities before an offer of membership to which subsection (4) applies has |
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| | been made except in so far as necessary to make reasonable adjustments to the |
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| Clause 38, page 28, line 2, after ‘worker’, insert ‘with a protected characteristic |
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| compared to a contract worker without a protected characteristic’. |
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| Clause 38, page 28, line 10, after ‘worker’, insert ‘with a protected characteristic |
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| compared to a contract worker without a protected characteristic’. |
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| Clause 10, page 7, line 23, at end insert— |
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| | ‘(4) | The meaning of religion or belief does not include whether, or the degree to |
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| | which, a person has one or more of another protected characteristic.’. |
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| | Member’s explanatory statement
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| | This is to make sure that organisations or individuals can not use exemptions based on religion or |
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| | belief to discriminate on another ground for example against persons whose lifestyle, because they |
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| | are gay or unmarried, is not consistent with orthodox practice of that religion or belief. |
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| Clause 10, page 7, line 23, at end insert— |
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| | ‘(4) | The meaning of religion or belief does not include the degree of support for |
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| | matters of public policy or for the policies of a political party.’. |
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| | Member’s explanatory statement
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| | This is to make sure that organisations or individuals which are quasi-political can not benefit |
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| | from exemptions based on religion or belief. |
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| Clause 12, page 8, line 16, at end add— |
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| | ‘(3) | Sexual orientation includes manifestations of that sexual orientation.’. |
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| | Member’s explanatory statement
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| | This is to put clearly into statute law stemming from eg Amicus vs Secretary of State where it was |
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| | held that a religious organisation could not avoid sexual orientation discrimination by referring |
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| | to lifestyle matters which were a lawful and direct expression of sexual orientation.’. |
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| Clause 13, page 9, line 22, at end insert— |
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| | ‘(6A) | If the protected characteristic is sexual orientation it does not matter whether the |
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| | sexual orientation is also A’s |
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| | Member’s explanatory statement
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| | This is to probe why the provision in Clause 13(6) which applies to religion and belief does not in |
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| | fact apply to other strands. |
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| Clause 13, page 9, leave out lines 21 and 22 and insert— |
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| | ‘(6) | It does not matter if the protected characteristic that B has is also shared by A.’. |
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| | Member’s explanatory statement
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| | This is to probe why the provision in Clause 13(6) which applies to religion and belief does not in |
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| | fact apply to other strands. |
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| Clause 13, page 9, line 27, at end insert— |
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| | ‘(7A) | If the protected characteristic is sexual orientation, A discriminates against B if A |
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| | treats less favourably than A treats or would treat others on the basis of a |
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| | manifestation of B’s sexual orientation.’. |
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| | Member’s explanatory statement
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| | This is make explicit in statute the case law (eg from Amicus vs Secretary of State) which holds that |
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| | discrimination against gay people on account of their gay life style or camp appearance (for |
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| | example) is direct discrimination. |
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| Clause 13, page 9, line 20, at end insert— |
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| | ‘(5A) | If the protected characteristic is religion or belief, for the purposes of this section, |
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| | a claim for direct discrimination on that protected ground can not solely rely on |
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| | A treating B less favourably on the basis of a manifestation of B’s religion or |
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| | Member’s explanatory statement
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| | This is to make explicit in statute existing case law from the Employment Appeal Tribunal in Ladele |
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| | vs Islington, that one can not claim direct discrimination when one is treated adversely solely on |
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| | the basis of behaviour stemming from a religious belief. |
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| Clause 13, page 9, line 6, at end insert— |
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| | ‘(1A) | This section applies to a person (B) who is perceived by A to have a protected |
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| | characteristic, regardless of whether B does in fact have that characteristic. |
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| | (1B) | This section applies to a person (B) who has an association with a person who has |
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| | a protected characteristic.’. |
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| Clause 16, page 11, line 22, leave out from ‘if’ to ‘A’ in line 23. |
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| Member’s explanatory statement
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| This seeks to probe why protection from discrimination on the grounds of breast-feeding is |
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| restricted to 26 weeks under this section. |
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| Clause 18, page 13, line 23, at end add ‘pregnancy and maternity’. |
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| Member’s explanatory statement
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| This is to probe why pregnancy and maternity are omitted from the list of protected characteristics |
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| for indirect discrimination. |
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