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Equality Bill


 

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary

 
 

77      

Offshore work

(1)   

Her Majesty may by Order in Council provide that in the case of persons in

offshore work—

(a)   

specified provisions of this Part apply (with or without modification);

(b)   

Northern Ireland legislation making provision for purposes

5

corresponding to any of the purposes of this Part applies (with or

without modification).

(2)   

The Order may—

(a)   

provide for these provisions, as applied by the Order, to apply to

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

Kingdom), whether or not such application affects activities outside the

United Kingdom;

(b)   

make provision for conferring jurisdiction on a specified court or class

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;

(c)   

exclude from the operation of section 3 of the Territorial Waters

Jurisdiction Act 1878 (consents required for prosecutions) proceedings

for offences under the provisions mentioned in subsection (1) in

connection with offshore work;

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(d)   

provide that such proceedings must not be brought without such

consent as may be required by the Order.

(3)   

“Offshore work” is work for the purposes of—

(a)   

activities in the territorial sea adjacent to the United Kingdom;

(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

section;

(c)   

activities mentioned in paragraphs (a) and (b) of section 87(1) of the

Energy Act 2004 in waters to which that section applies.

(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.

(5)   

Northern Ireland legislation includes an enactment contained in, or in an

instrument under, an Act that forms part of the law of Northern Ireland.

(6)   

In the application to Northern Ireland of subsection (2)(b), the reference to

employment tribunals is to be read as a reference to industrial tribunals.

35

(7)   

Nothing in this section affects the application of any other provision of this Act

to conduct outside England and Wales or Scotland.

78      

Interpretation and exceptions

(1)   

This section applies for the purposes of this Part.

(2)   

“Employment” means—

40

(a)   

employment under a contract of employment, a contract of

apprenticeship or a contract personally to do work;

(b)   

Crown employment;

(c)   

employment as a relevant member of the House of Commons staff;

(d)   

employment as a relevant member of the House of Lords staff.

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58


 

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary

 
 

Part 6: Education

Chapter 1: Schools

Clause 79: Application of this Chapter

Effect

279. This clause provides that this Chapter of the Bill, which prohibits discrimination,

5

harassment and victimisation in the field of education in schools, does not apply to

discrimination, harassment or victimisation of people in those circumstances because of age,

marriage and civil partnership or pregnancy and maternity.

Background

280. This replicates the position in current legislation.

10

281. Examples

E59


 

Equality Bill
Part 6 — Education
Chapter 1 — Schools

 
 

(3)   

This Part applies to service in the armed forces as it applies to employment by

a private person; and for that purpose—

(a)   

references to terms of employment, or to a contract of employment, are

to be read as including references to terms of service;

(b)   

references to associated employers are to be ignored.

5

(4)   

A reference to an employer or an employee, or to employing or being

employed, is (subject to section 199(10)) to be read with subsections (2) and (3);

and a reference to an employer also includes a reference to a person who has

no employees but is seeking to employ one or more other persons.

(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

an employee of—

(a)   

the person who is the employer of that member under subsection (6) of

that section, or

(b)   

if subsection (7) of that section applies in the case of that member, the

15

person who is the employer of that member under that subsection.

(6)   

“Relevant member of the House of Lords staff” has the meaning given in

section 194 of that Act (which provides that such a member of staff is an

employee of the Corporate Officer of the House of Lords).

(7)   

In the case of a person in Crown employment, or in employment as a relevant

20

member of the House of Commons staff, a reference to the person’s dismissal

is a reference to the termination of the person’s employment.

(8)   

A reference to a personal or public office, or to an appointment to a personal or

public office, is to be construed in accordance with section 49.

(9)   

“Crown employment” has the meaning given in section 191 of the Employment

25

Rights Act 1996.

(10)   

Schedule 8 (reasonable adjustments) has effect.

(11)   

Schedule 9 (exceptions) has effect.

Part 6

Education

30

Chapter 1

Schools

79      

Application of this Chapter

This Chapter does not apply to the following protected characteristics—

(a)   

age;

35

(b)   

marriage and civil partnership;

(c)   

pregnancy and maternity.

59


 

Equality Bill
Part 6 — Education
Chapter 1 — Schools

 
 

• It is not unlawful discrimination for a school to organise a trip for pupils in one year

group, but not for pupils in other years.

• 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.

Clause 80: Pupils: admission and treatment, etc.

5

Effect

281. This clause makes it unlawful for the responsible body of a school to discriminate

against, harass or victimise a pupil or prospective pupil in relation to the terms on which it

offers him or her admission, by not admitting him or her, or in the way it treats the pupil once

admitted. The responsible body for a maintained school is the local authority or the governing

10

body, and for an independent educational institution or a non-maintained special school is the

proprietor.

282. It also imposes on the responsible body of a school the duty to make reasonable

adjustments for disabled pupils and prospective disabled pupils.

283. However, the prohibition on harassment of pupils or prospective pupils does not cover

15

gender reassignment, sexual orientation or religion or belief.

284. Background

284. This clause is primarily designed to replicate the effect of provisions in current

legislation applying to schools. In addition, it extends protection from discrimination to

transsexual pupils.

20

Examples

• A school refuses to let a gay pupil become a prefect because of his sexual orientation.

This would be direct discrimination.

• A selective school imposes a higher standard for admission to applicants from an

ethnic minority background, or to girls. This would be direct discrimination.

25

• A pupil alleges, in good faith, that his school has discriminated against him because of

his religion (for example claiming that he is given worse marks than other pupils

because he is Jewish), so the school punishes him by making him do a detention. This

would be victimisation.

• A teacher ridicules a particular pupil in class for his beliefs or because of his disability,

30

or makes comments which have the result of making the girls in the class feel

embarrassed and humiliated. This would be harassment.

E60


 

Equality Bill
Part 6 — Education
Chapter 1 — Schools

 
 

80      

Pupils: admission and treatment, etc.

(1)   

The responsible body of a school to which this section applies must not

discriminate against a person—

(a)   

in the arrangements it makes for deciding who is offered admission as

5

a pupil;

(b)   

as to the terms on which it offers to admit the person as a pupil;

(c)   

by not admitting the person as a pupil.

(2)   

The responsible body of such a school must not discriminate against a pupil—

(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;

(c)   

by not providing education for the pupil;

(d)   

by not affording the pupil access to a benefit, facility or service;

(e)   

by excluding the pupil from the school;

(f)   

by subjecting the pupil to any other detriment.

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(3)   

The responsible body of such a school must not harass—

(a)   

a pupil;

(b)   

a person who has applied for admission as a pupil.

(4)   

The responsible body of such a school must not victimise a person—

(a)   

in the arrangements it makes for deciding who is offered admission as

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a pupil;

(b)   

as to the terms on which it offers to admit the person as a pupil;

(c)   

by not admitting the person as a pupil.

(5)   

The responsible body of such a school must not victimise a pupil—

(a)   

in the way it provides education for the pupil;

25

(b)   

in the way it affords the pupil access to a benefit, facility or service;

(c)   

by not providing education for the pupil;

(d)   

by not affording the pupil access to a benefit, facility or service;

(e)   

by excluding the pupil from the school;

(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

a school.

(7)   

In relation to England and Wales, this section applies to—

(a)   

a school maintained by a local authority;

(b)   

an independent educational institution (other than a special school);

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(c)   

a special school (not maintained by a local authority).

(8)   

In relation to Scotland, this section applies to—

(a)   

a school managed by an education authority;

(b)   

an independent school;

60


 

Equality Bill
Part 6 — Education
Chapter 1 — Schools

 
 

Clause 81: Victimisation of pupils, etc. for the conduct of parents, etc.

Effect

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

good faith.

Background

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

this Chapter.

15

288. Examples

• 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

this complaint.

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.

E61


 

Equality Bill
Part 6 — Education
Chapter 1 — Schools

 
 

(c)   

a school in respect of which the managers are for the time being

receiving grants under section 73(c) or (d) of the Education (Scotland)

Act 1980.

(9)   

The responsible body of a school to which this section applies is—

(a)   

if the school is within subsection (7)(a), the local authority or governing

5

body;

(b)   

if it is within subsection (7)(b) or (c), the proprietor;

(c)   

if it is within subsection (8)(a), the education authority;

(d)   

if it is within subsection (8)(b), the proprietor;

(e)   

if it is within subsection (8)(c), the managers.

10

(10)   

In the application of section 24 for the purposes of subsection (3), none of the

following is a relevant protected characteristic—

(a)   

gender reassignment;

(b)   

religion or belief;

(c)   

sexual orientation.

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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

80(4) or (5).

(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

(5)   

In this section—

“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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