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(1) | Her Majesty may by Order in Council provide that in the case of persons in |
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(a) | specified provisions of this Part apply (with or without modification); |
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(b) | Northern Ireland legislation making provision for purposes |
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corresponding to any of the purposes of this Part applies (with or |
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(a) | provide for these provisions, as applied by the Order, to apply to |
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individuals (whether or not British citizens) and bodies corporate |
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(whether or not incorporated under the law of a part of the United |
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Kingdom), whether or not such application affects activities outside the |
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(b) | make provision for conferring jurisdiction on a specified court or class |
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of court or on employment tribunals in respect of offences, causes of |
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action or other matters arising in connection with offshore work; |
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(c) | exclude from the operation of section 3 of the Territorial Waters |
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Jurisdiction Act 1878 (consents required for prosecutions) proceedings |
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for offences under the provisions mentioned in subsection (1) in |
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connection with offshore work; |
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(d) | provide that such proceedings must not be brought without such |
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consent as may be required by the Order. |
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(3) | “Offshore work” is work for the purposes of— |
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(a) | activities in the territorial sea adjacent to the United Kingdom; |
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(b) | activities such as are mentioned in subsection (2) of section 11 of the |
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Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that |
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(c) | activities mentioned in paragraphs (a) and (b) of section 87(1) of the |
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Energy Act 2004 in waters to which that section applies. |
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(4) | Work includes employment, contract work, a position as a partner or as a |
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member of an LLP, or an appointment to a personal or public office. |
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(5) | Northern Ireland legislation includes an enactment contained in, or in an |
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instrument under, an Act that forms part of the law of Northern Ireland. |
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(6) | In the application to Northern Ireland of subsection (2)(b), the reference to |
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employment tribunals is to be read as a reference to industrial tribunals. |
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(7) | Nothing in this section affects the application of any other provision of this Act |
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to conduct outside England and Wales or Scotland. |
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78 | Interpretation and exceptions |
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(1) | This section applies for the purposes of this Part. |
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(a) | employment under a contract of employment, a contract of |
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apprenticeship or a contract personally to do work; |
| |
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(c) | employment as a relevant member of the House of Commons staff; |
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(d) | employment as a relevant member of the House of Lords staff. |
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(3) | This Part applies to service in the armed forces as it applies to employment by |
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a private person; and for that purpose— |
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(a) | references to terms of employment, or to a contract of employment, are |
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to be read as including references to terms of service; |
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(b) | references to associated employers are to be ignored. |
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(4) | A reference to an employer or an employee, or to employing or being |
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employed, is (subject to section 199(10)) to be read with subsections (2) and (3); |
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and a reference to an employer also includes a reference to a person who has |
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no employees but is seeking to employ one or more other persons. |
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(5) | “Relevant member of the House of Commons staff” has the meaning given in |
| 10 |
section 195 of the Employment Rights Act 1996; and such a member of staff is |
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(a) | the person who is the employer of that member under subsection (6) of |
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(b) | if subsection (7) of that section applies in the case of that member, the |
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person who is the employer of that member under that subsection. |
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(6) | “Relevant member of the House of Lords staff” has the meaning given in |
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section 194 of that Act (which provides that such a member of staff is an |
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employee of the Corporate Officer of the House of Lords). |
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(7) | In the case of a person in Crown employment, or in employment as a relevant |
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member of the House of Commons staff, a reference to the person’s dismissal |
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is a reference to the termination of the person’s employment. |
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(8) | A reference to a personal or public office, or to an appointment to a personal or |
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public office, is to be construed in accordance with section 49. |
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(9) | “Crown employment” has the meaning given in section 191 of the Employment |
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(10) | Schedule 8 (reasonable adjustments) has effect. |
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(11) | Schedule 9 (exceptions) has effect. |
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79 | Application of this Chapter |
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This Chapter does not apply to the following protected characteristics— |
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(b) | marriage and civil partnership; |
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(c) | pregnancy and maternity. |
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• It is not unlawful discrimination for a school to organise a trip for pupils in one year |
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group, but not for pupils in other years. |
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• It is not unlawful discrimination for a school to organise a different timetable for a |
| |
pupil who has a baby, to help her fit her education with her parenting responsibilities. |
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Clause 80: Pupils: admission and treatment, etc. |
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281. This clause makes it unlawful for the responsible body of a school to discriminate |
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against, harass or victimise a pupil or prospective pupil in relation to the terms on which it |
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offers him or her admission, by not admitting him or her, or in the way it treats the pupil once |
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admitted. The responsible body for a maintained school is the local authority or the governing |
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body, and for an independent educational institution or a non-maintained special school is the |
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282. It also imposes on the responsible body of a school the duty to make reasonable |
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adjustments for disabled pupils and prospective disabled pupils. |
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283. However, the prohibition on harassment of pupils or prospective pupils does not cover |
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gender reassignment, sexual orientation or religion or belief. |
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284. This clause is primarily designed to replicate the effect of provisions in current |
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legislation applying to schools. In addition, it extends protection from discrimination to |
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• A school refuses to let a gay pupil become a prefect because of his sexual orientation. |
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This would be direct discrimination. |
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• A selective school imposes a higher standard for admission to applicants from an |
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ethnic minority background, or to girls. This would be direct discrimination. |
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• A pupil alleges, in good faith, that his school has discriminated against him because of |
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his religion (for example claiming that he is given worse marks than other pupils |
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because he is Jewish), so the school punishes him by making him do a detention. This |
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• A teacher ridicules a particular pupil in class for his beliefs or because of his disability, |
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or makes comments which have the result of making the girls in the class feel |
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embarrassed and humiliated. This would be harassment. |
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80 | Pupils: admission and treatment, etc. |
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(1) | The responsible body of a school to which this section applies must not |
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discriminate against a person— |
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(a) | in the arrangements it makes for deciding who is offered admission as |
| 5 |
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(b) | as to the terms on which it offers to admit the person as a pupil; |
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(c) | by not admitting the person as a pupil. |
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(2) | The responsible body of such a school must not discriminate against a pupil— |
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(a) | in the way it provides education for the pupil; |
| 10 |
(b) | in the way it affords the pupil access to a benefit, facility or service; |
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(c) | by not providing education for the pupil; |
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(d) | by not affording the pupil access to a benefit, facility or service; |
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(e) | by excluding the pupil from the school; |
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(f) | by subjecting the pupil to any other detriment. |
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(3) | The responsible body of such a school must not harass— |
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(b) | a person who has applied for admission as a pupil. |
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(4) | The responsible body of such a school must not victimise a person— |
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(a) | in the arrangements it makes for deciding who is offered admission as |
| 20 |
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(b) | as to the terms on which it offers to admit the person as a pupil; |
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(c) | by not admitting the person as a pupil. |
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(5) | The responsible body of such a school must not victimise a pupil— |
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(a) | in the way it provides education for the pupil; |
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(b) | in the way it affords the pupil access to a benefit, facility or service; |
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(c) | by not providing education for the pupil; |
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(d) | by not affording the pupil access to a benefit, facility or service; |
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(e) | by excluding the pupil from the school; |
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(f) | by subjecting the pupil to any other detriment. |
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(6) | A duty to make reasonable adjustments applies to the responsible body of such |
| |
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(7) | In relation to England and Wales, this section applies to— |
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(a) | a school maintained by a local authority; |
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(b) | an independent educational institution (other than a special school); |
| 35 |
(c) | a special school (not maintained by a local authority). |
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(8) | In relation to Scotland, this section applies to— |
| |
(a) | a school managed by an education authority; |
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(b) | an independent school; |
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Clause 81: Victimisation of pupils, etc. for the conduct of parents, etc. |
| |
| |
285. This clause protects children in schools from being victimised as a result of a |
| |
protected act (such as making or supporting a complaint of discrimination) done by their |
| |
parent or sibling. The aim is to prevent parents being discouraged from raising an issue of |
| 5 |
discrimination with a school because of worry that their child may suffer retaliation as a result. |
| |
286. Where a parent or sibling maliciously makes or supports an untrue complaint, the |
| |
child is still protected from victimisation, as long as the child has acted in good faith. But, in |
| |
common with the general approach to victimisation, where a child has acted in bad faith, he or |
| |
she is not protected, even where a parent or sibling makes or supports an untrue complaint in |
| 10 |
| |
| |
287. This clause is designed to replicate the effect of provisions in the Disability |
| |
Discrimination Act 1995 and extend the protection to cover all characteristics protected under |
| |
| 15 |
| |
• The parent of a pupil complains to the school that her daughter is suffering sex |
| |
discrimination by not being allowed to participate in a metalwork class. The daughter |
| |
is protected from being treated less favourably by the school in any way because of |
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| 20 |
• A pupil brings a case against his school claiming that he has suffered harassment by a |
| |
member of staff because of his sexual orientation. The pupil’s younger brother, at the |
| |
same school, is protected against any less favourable treatment by the school because |
| |
of this case, even if it is later found that the older brother was not acting in good faith. |
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(c) | a school in respect of which the managers are for the time being |
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receiving grants under section 73(c) or (d) of the Education (Scotland) |
| |
| |
(9) | The responsible body of a school to which this section applies is— |
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(a) | if the school is within subsection (7)(a), the local authority or governing |
| 5 |
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(b) | if it is within subsection (7)(b) or (c), the proprietor; |
| |
(c) | if it is within subsection (8)(a), the education authority; |
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(d) | if it is within subsection (8)(b), the proprietor; |
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(e) | if it is within subsection (8)(c), the managers. |
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(10) | In the application of section 24 for the purposes of subsection (3), none of the |
| |
following is a relevant protected characteristic— |
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| 15 |
81 | Victimisation of pupils, etc. for conduct of parents, etc. |
| |
(1) | This section applies for the purposes of section 25 in its application to section |
| |
| |
(2) | The references to B in paragraphs (a) and (b) of subsection (1) of section 25 |
| |
include a reference to a parent or sibling of the child in question. |
| 20 |
(3) | Giving false evidence or information, or making a false allegation, in good faith |
| |
is not a protected act in a case where— |
| |
(a) | the evidence or information is given, or the allegation is made, by a |
| |
parent or sibling of the child, and |
| |
(b) | the child has acted in bad faith. |
| 25 |
(4) | Giving false evidence or information, or making a false allegation, in bad faith, |
| |
is a protected act in a case where— |
| |
(a) | the evidence or information is given, or the allegation is made, by a |
| |
parent or sibling of the child, and |
| |
(b) | the child has acted in good faith. |
| 30 |
| |
“child” means a person who has not attained the age of 18; |
| |
“sibling” means a brother or sister, a half-brother or half-sister, or a |
| |
stepbrother or stepsister. |
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|