Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(8)
For the purposes of this section, the relevant Acts are—
(a)
the Metropolitan Police Act 1829;
(b)
the City of London Police Act 1839 (2 & 3 Vict. c.xciv);
(c)
the Police (Scotland) Act 1967;
(d)
the Police Act 1996.
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(9)
A reference in subsection (2) or (3) to a chief officer of police includes, in
relation to Scotland, a reference to a chief constable.
Partners
41
Partnerships
(1)
A firm or proposed firm must not discriminate against a person—
10
(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
(c)
by not offering the person a position as a partner.
(2)
A firm (A) must not discriminate against a partner (B)—
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(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
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(d)
by subjecting B to any other detriment.
(3)
A firm must not, in relation to a position as a partner, harass—
(a)
a partner;
(b)
a person who has applied for the position.
(4)
A proposed firm must not, in relation to a position as a partner, harass a person
25
who has applied for the position.
(5)
A firm or proposed firm must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
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(c)
by not offering the person a position as a partner.
(6)
A firm (A) must not victimise a partner (B)—
(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
35
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
a firm;
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(b)
a proposed firm.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

Clause 42: Limited liability partnerships
Effect
157. This clause makes it unlawful for a limited liability partnership (LLP), or a group of
people setting up an LLP, to discriminate against, harass or victimise a member (or prospective
member). Activities covered by these provisions include offers of membership or access to
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opportunities that the LLP makes available to its members. It imposes on LLPs a duty to make
reasonable adjustments for disabled members and prospective members.
Background
158. LLPs are distinct from general and limited partnerships, so separate provisions are
needed to provide protection from discrimination, harassment and victimisation for their
10
members. This clause is designed to replicate the effect of provisions in current legislation but
achieve the same consistency in respect of race as in clause 41.
Examples
• An LLP refuses a member access to use of a company car because he has supported a
discrimination or harassment claim against the LLP. This would be victimisation.
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• An LLP refuses a Muslim member access to its child care scheme because all the
other children who attend the scheme have Christian parents. This would be direct
discrimination.
Clause 43: Interpretation
Effect
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159. This clause explains what is meant by terms used in clauses 41 and 42. As well as
defining the types of partnership to which these provisions apply, it establishes what is meant
by expulsion from a partnership.
160. Examples
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(8)
In the application of this section to a limited partnership within the meaning of
the Limited Partnerships Act 1907, “partner” means a general partner within
the meaning of that Act.
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Limited liability partnerships
(1)
An LLP or proposed LLP must not discriminate against a person—
5
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;
(c)
by not offering the person a position as a member.
(2)
An LLP (A) must not discriminate against a member (B)—
10
(a)
as to the terms on which B is a member;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
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(d)
by subjecting B to any other detriment.
(3)
An LLP must not, in relation to a position as a member, harass—
(a)
a member;
(b)
a person who has applied for the position.
(4)
A proposed LLP must not, in relation to a position as a member, harass a
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person who has applied for the position.
(5)
An LLP or proposed LLP must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;
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(c)
by not offering the person a position as a member.
(6)
An LLP (A) must not victimise a member (B)—
(a)
as to the terms on which B is a member;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
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other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
an LLP;
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(b)
a proposed LLP.
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Interpretation
(1)
This section applies for the purposes of sections 41 and 42.
(2)
“Partnership” and “firm” have the same meaning as in the Partnership Act
1890.
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(3)
“Proposed firm” means persons proposing to form themselves into a
partnership.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

161. A gay partner in a firm, who, because of constant homophobic banter, feels compelled
to leave his position as a partner, can claim to have been expelled from the partnership because
of his sexual orientation. Should an Employment Tribunal agree with him, the firm could be
found to be in breach of these provisions in a similar way to how the Employment Tribunal
would find for an employee who wins a claim for constructive dismissal.
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Clause 44: Barristers
Effect
160. This clause makes it unlawful for a barrister or a barrister’s clerk to discriminate
against, harass or victimise a pupil (a trainee barrister) or tenant (including a squatter or door-
tenant) in the barristers’ chambers, or people seeking to be a pupil or tenant, in relation to the
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professional relationship between them. It also imposes on barristers a duty to make
reasonable adjustments for disabled pupils and tenants.
161. It also makes it unlawful for a person instructing a barrister (for example, a client or
instructing solicitor) to discriminate against, harass or victimise a barrister in relation to the
giving of instructions.
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Background
162. This clause replaces provisions in current legislation providing similar protection for
barristers, pupils, tenants and prospective pupils or tenants in barristers’ chambers. However,
it no longer protects clients and clerks from discrimination by barristers because they can
respectively seek redress under the “services” and other work provisions (clause 37 and clause
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38) of the Bill.
Examples
• A barrister treats a female pupil less favourably than his male pupils by allowing her
to be involved in a narrower range of cases. This would be direct discrimination.
• A clerk gives instructions to a Christian barrister in his chambers in preference to a
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Hindu barrister, because he fears that the barrister’s religion would prevent him
representing a Christian client properly. This would be direct discrimination.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(4)
“LLP” means a limited liability partnership (within the meaning of the Limited
Liability Partnerships Act 2000).
(5)
“Proposed LLP” means persons proposing to incorporate an LLP with
themselves as members.
(6)
A reference to the expulsion of a partner of a firm or a member of an LLP
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includes a reference to the termination of the person’s position as such—
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
(b)
by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the conduct of other partners or
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members, to terminate the position without notice;
(c)
(in the case of a partner of a firm) as a result of the dissolution of the
partnership.
(7)
Subsection (6)(a) and (c) does not apply if, immediately after the termination,
the position is renewed on the same terms.
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The Bar
44
Barristers
(1)
A barrister (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
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(b)
as to the terms on which A offers B a pupillage or tenancy;
(c)
by not offering B a pupillage or tenancy.
(2)
A barrister (A) must not discriminate against a person (B) who is a pupil or
tenant—
(a)
as to the terms on which B is a pupil or tenant;
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(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
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(e)
by subjecting B to any other detriment.
(3)
A barrister must not, in relation to a pupillage or tenancy, harass—
(a)
the pupil or tenant;
(b)
a person who has applied for the pupillage or tenancy.
(4)
A barrister (A) must not victimise a person (B)—
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(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
(c)
by not offering B a pupillage or tenancy.
(5)
A barrister (A) must not victimise a person (B) who is a pupil or tenant—
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(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

Clause 45: Advocates
Effect
163. This clause makes it unlawful for practising advocates and their clerks to discriminate
against, harass or victimise devils (trainee advocates) or members of the stable (a group of
advocates working in shared premises) or people seeking to be a devil or member, in respect of
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the professional relationship between them. It imposes on advocates a duty to make reasonable
adjustments for disabled devils and stable members.
164. It also makes it unlawful for a person instructing an advocate (for example, a direct
access client or instructing solicitor) to discriminate against, harass or victimise an advocate in
relation to the giving of instructions.
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Background
165. This clause replaces similar provisions in current legislation. However, as with the
clause on barristers, this clause no longer protects clients and clerks from discrimination by
advocates because they can respectively seek redress under the “services” and other work
provisions (clause 37 and clause 38) of the Bill.
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Example
• An advocate treats one devil less favourably than another by refusing to allow him to
be involved in a particular case because he fears the devil’s sexual orientation may
affect his involvement in the case. This would be direct discrimination.
• An advocate puts pressure on a stable member to leave because the member is
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disabled and the advocate does not want to make reasonable adjustments. This would
be direct discrimination.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing a barrister—
(a)
discriminate against a barrister by subjecting the barrister to a
5
detriment;
(b)
harass the barrister;
(c)
victimise the barrister.
(7)
A duty to make reasonable adjustments applies to a barrister.
(8)
The preceding provisions of this section (apart from subsection (6)) apply in
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relation to a barrister’s clerk as they apply in relation to a barrister; and for that
purpose the reference to a barrister’s clerk includes a reference to a person who
carries out the functions of a barrister’s clerk.
(9)
A reference to a tenant includes a reference to a barrister who is permitted to
work in chambers (including as a squatter or door tenant); and a reference to a
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tenancy is to be construed accordingly.
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Advocates
(1)
An advocate (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
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(b)
as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.
(2)
An advocate (A) must not discriminate against a person (B) who is a devil or a
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member of a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
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(c)
by terminating A’s relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(3)
An advocate must not, in relation to a relationship with a devil or membership
of a stable, harass—
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(a)
a devil or member;
(b)
a person who has applied to be taken as the advocate’s devil or to
become a member of the stable.
(4)
An advocate (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
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to whom to offer membership of a stable;
(b)
as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.
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