Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 4 — Premises

(3)
A person who has the right to dispose of premises must not, in connection with
anything done in relation to their occupation or disposal, harass—
(a)
a person who occupies them;
(b)
a person who applies for them.
(4)
A person (A) who has the right to dispose of premises must not victimise
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another (B)—
(a)
as to the terms on which A offers to dispose of the premises to B;
(b)
by not disposing of the premises to B;
(c)
in A’s treatment of B with respect to things done in relation to persons
seeking premises.
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(5)
Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not victimise a
person by not being a party to the disposal.
(6)
In the application of section 24 for the purposes of subsection (3), neither of the
following is a relevant protected characteristic—
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(a)
religion or belief;
(b)
sexual orientation.
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Permission for disposal
(1)
A person whose permission is required for the disposal of premises must not
discriminate against another by not giving permission for the disposal of the
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premises to the other.
(2)
A person whose permission is required for the disposal of premises must not,
in relation to an application for permission to dispose of the premises, harass a
person—
(a)
who applies for permission to dispose of the premises, or
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(b)
to whom the disposal would be made if permission were given.
(3)
A person whose permission is required for the disposal of premises must not
victimise another by not giving permission for the disposal of the premises to
the other.
(4)
In the application of section 24 for the purposes of subsection (2), neither of the
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following is a relevant protected characteristic—
(a)
religion or belief;
(b)
sexual orientation.
(5)
This section does not apply to anything done in the exercise of a judicial
function.
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Equality Bill
Part 4 — Premises

Clause 33: Management
Effect
133. This clause makes it unlawful for a person who manages premises to discriminate
against or victimise someone who occupies the property in the way he or she allows the person
to use a benefit or facility associated with the property, by evicting the person or by otherwise
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treating the person unfavourably. It also makes it unlawful for a person who manages a
property to harass a person who occupies or applies to occupy. The Bill does not however
make it unlawful to harass someone because of sexual orientation or religion or belief in the
management of premises.
Background
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134. This clause replaces similar provisions in current legislation.
Examples
• A manager of a property restricts a tenant’s use of a communal garden by setting fixed
times when she can use the garden because she is undergoing gender reassignment,
while allowing other tenants unrestricted access to the garden. This would be direct
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discrimination in the management of premises.
• A manager of a property refuses to allow a lesbian tenant to use facilities which are
available to other tenants, or deliberately neglects to inform her about facilities which
are available for the use of other tenants, because she had previously made a claim of
discrimination against the manager. This would be victimisation.
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• A manager of a property responds to requests for maintenance issues more slowly or
less favourably for one tenant than similar requests from other tenants, because the
tenant has a learning disability. This would be direct discrimination in the
management of premises.
Clause 34: Leasehold and commonhold premises and common parts
25
Effect
135. This clause imposes the reasonable adjustments duty on those who let premises,
commonhold associations, and those who are responsible for the common parts of let or
commonhold premises. This clause also defines who is responsible for common parts, and
includes a power to prescribe premises to which the requirements do not apply.
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Background
136. Part of this clause replaces similar provisions in the Disability Discrimination Act
1995 relating to let premises and premises to let. The provisions relating to common parts are
new.
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Equality Bill
Part 4 — Premises

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Management
(1)
A person (A) who manages premises must not discriminate against a person
(B) who occupies the premises—
(a)
in the way in which A allows B, or by not allowing B, to make use of a
benefit or facility;
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(b)
by evicting B ( or taking steps for the purpose of securing B’s eviction);
(c)
by subjecting B to any other detriment.
(2)
A person who manages premises must not, in relation to their management,
harass—
(a)
a person who occupies them;
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(b)
a person who applies for them.
(3)
A person (A) who manages premises must not victimise a person (B) who
occupies the premises—
(a)
in the way in which A allows B, or by not allowing B, to make use of a
benefit or facility;
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(b)
by evicting B ( or taking steps for the purpose of securing B’s eviction);
(c)
by subjecting B to any other detriment.
(4)
In the application of section 24 for the purposes of subsection (2), neither of the
following is a relevant protected characteristic—
(a)
religion or belief;
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(b)
sexual orientation.
Reasonable adjustments
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Leasehold and commonhold premises and common parts
(1)
A duty to make reasonable adjustments applies to—
(a)
a controller of let premises;
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(b)
a controller of premises to let;
(c)
a commonhold association;
(d)
a responsible person in relation to common parts.
(2)
A controller of let premises is—
(a)
a person by whom premises are let, or
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(b)
a person who manages them.
(3)
A controller of premises to let is—
(a)
a person who has premises to let, or
(b)
a person who manages them.
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Equality Bill
Part 4 — Premises

Example
• An agency used by a landlord to let and manage leasehold premises, is a controller of
premises under this provision and therefore is under the duty to make reasonable
adjustments for disabled people, such as making information about the property
available in accessible formats.
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Clause 35: Interpretation and exceptions
Effect
137. This clause explains what is meant by terms used in this Part. In particular it sets out
the kinds of property transactions meant by “disposing of premises” in the case of premises
which are subject to a tenancy, and defines what is meant by “tenancy”. It also makes it clear
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that the provisions apply to tenancies made before as well as after the Bill.
138. The details of how the reasonable adjustments duty applies in relation to “let
premises”, “premises to let”, “commonhold land” and “common parts” of let or commonhold
premises are contained in Schedule 4.
139. The exceptions which apply to this part of the Bill are contained in Schedule 5.
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Background
140. This clause replaces similar provisions in current legislation.
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Equality Bill
Part 4 — Premises

(4)
The reference in subsection (1)(c) to a commonhold association is a reference to
the association in its capacity as the person who manages a commonhold unit.
(5)
A responsible person in relation to common parts is—
(a)
where the premises to which the common parts relate are part of
commonhold land, the commonhold association;
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(b)
where the premises to which the common parts relate are part of a
tenement in Scotland, the owner of the common parts;
(c)
where the premises to which the common parts relate are let (and are
not part of commonhold land or of a tenement in Scotland), a person by
whom the premises are let.
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(6)
Common parts are—
(a)
in relation to let premises (which are not part of commonhold land or
of a tenement in Scotland), the structure and exterior of, and any
common facilities within or used in connection with, the building or
part of a building which includes the premises;
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(b)
in relation to commonhold land, every part of the commonhold which
is not for the time being a commonhold unit in accordance with the
commonhold community statement;
(c)
in relation to premises which are part of a tenement in Scotland, the
structure and exterior of, and any common facilities within or used in
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connection with, the tenement building which includes the premises
insofar as the structure, exterior and common facilities are owned in
common with others.
(7)
A reference to letting includes a reference to sub-letting; and for the purposes
of subsection (1)(a) and (b), a reference to let premises includes premises
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subject to a right to occupy.
(8)
This section does not apply to premises of such description as may be
prescribed.
Supplementary
35
Interpretation and exceptions
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(1)
This section applies for the purposes of this Part.
(2)
A reference to premises is a reference to the whole or part of the premises.
(3)
A reference to disposing of premises includes, in the case of premises subject
to a tenancy, a reference to—
(a)
assigning the premises,
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(b)
sub-letting them, or
(c)
parting with possession of them.
(4)
A reference to disposing of premises also includes a reference to granting a
right to occupy them.
(5)
A reference to disposing of an interest in a commonhold unit includes a
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reference to creating an interest in a commonhold unit.
(6)
A reference to a tenancy is to a tenancy created (whether before or after the
passing of this Act)—
(a)
by a lease or sub-lease,
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Equality Bill
Part 4 — Premises

Part 5: Work
Chapter 1: Employment, etc.
Clause 36: Employees and applicants
Effect
141. This clause makes it unlawful for an employer to discriminate against or victimise
5
employees and people seeking work. It applies where the employer is making arrangements to
fill a job, and in respect of anything done in the course of a person’s employment. In respect of
discrimination relating to sex or pregnancy and maternity, a term of an offer of employment
which relates to pay is treated as discriminatory where, if accepted, it would give rise to an
equality clause or if that is not the case where the term is directly discriminatory. It also
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imposes the reasonable adjustments duty set out in clause 19 on employers in respect of
disabled employees and applicants.
Background
142. This clause replaces similar provisions in current legislation.
Examples
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• An employer decides not to shortlist for interview a disabled job applicant because of
her epilepsy. This would be direct discrimination.
An employer offers a woman a job on lower pay than the set rate because she is pregnant when
she applies. She cannot bring an equality clause case as there is no comparator. However, she
will be able to claim direct discrimination.
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• An employer refuses to interview a man applying for promotion, because he
previously supported a discrimination case against the employer brought by another
employee. This would be victimisation.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(b)
by an agreement for a lease or sub-lease,
(c)
by a tenancy agreement, or
(d)
in pursuance of an enactment,

and a reference to a tenant is to be construed accordingly.
(7)
A reference to commonhold land, a commonhold association, a commonhold
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community statement, a commonhold unit or a unit-holder is to be construed
in accordance with the Commonhold and Leasehold Reform Act 2002.
(8)
A reference to a tenement or tenement building is to be construed in
accordance with the Tenements (Scotland) Act 2004 (asp 11).
(9)
Schedule 4 (reasonable adjustments) has effect.
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(10)
Schedule 5 (exceptions) has effect.
Part 5
Work
Chapter 1
Employment, etc.
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Employees
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Employees and applicants
(1)
An employer (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
employment;
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(b)
as to the terms on which A offers B employment;
(c)
by not offering B employment.
(2)
An employer (A) must not discriminate against an employee of A’s (B)—
(a)
as to B’s terms of employment;
(b)
in the way A affords B access, or by not affording B access, to
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opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by dismissing B;
(d)
by subjecting B to any other detriment.
(3)
An employer (A) must not victimise a person (B)—
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(a)
in the arrangements A makes for deciding to whom to offer
employment;
(b)
as to the terms on which A offers B employment;
(c)
by not offering B employment.
(4)
An employer (A) must not victimise an employee of A’s (B)—
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(a)
as to B’s terms of employment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for any other
benefit, facility or service;
(c)
by dismissing B;
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