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.

(c)
by terminating the appointment;
(d)
by subjecting B to any other detriment.
(10)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not victimise a person (B) appointed to the office—
(a)
as to B’s terms of appointment;
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(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 subjecting B to any other detriment (other than by terminating the
appointment).
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(11)
A duty to make reasonable adjustments applies to—
(a)
a relevant person in relation to a public office;
(b)
a person who has the power to make an appointment to a public office
within subsection (2)(a) or (b).
(12)
Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
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apply to a term that relates to pay—
(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
terms including that term amounts to a contravention of subsection
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(3)(b) by virtue of section 13 or 17.
48
Public offices: recommendations for appointments, etc.
(1)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 47(2)(a) or (b),
must not discriminate against a person (B)—
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(a)
in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
(b)
by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
office;
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(d)
by not giving approval to the appointment of B to the office.
(2)
A person who has the power to make a recommendation for or give approval
to an appointment to a public office within section 47(2)(a) or (b) must not, in
relation to the office, harass a person seeking or being considered for the
recommendation or approval.
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(3)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 47(2)(a) or (b),
must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
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(b)
by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
office;
(d)
by not giving approval to the appointment of B to the office.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

Clause 49: Interpretation and exceptions
Effect
179. This clause explains the meaning of various terms, such as “relevant person”, used
clauses 46, 47 and 48.
180. It also stipulates that termination of an appointment includes the expiration of the
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appointment period or where unreasonable conduct of the relevant person causes the office
holder to terminate the appointment. But it does not count as termination if after expiry of the
appointment the person’s appointment is immediately renewed on the same terms.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(4)
A duty to make reasonable adjustments applies to a person who has the power
to make a recommendation for or give approval to an appointment to a public
office within section 47(2)(a) or (b).
(5)
A reference in this section to a person who has the power to make a
recommendation for or give approval to an appointment to a public office
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within section 47(2)(a) is a reference only to a relevant body which has that
power; and for that purpose “relevant body” means a body established—
(a)
by or in pursuance of an enactment, or
(b)
by a member of the executive.
49
Interpretation and exceptions
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(1)
This section applies for the purposes of sections 46 to 48.
(2)
“Personal office” has the meaning given in section 46.
(3)
“Public office” has the meaning given in section 47.
(4)
An office or post which is both a personal office and a public office is to be
treated as being a public office only.
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(5)
Appointment to an office or post does not include election to it.
(6)
“Relevant person”, in relation to an office, means the person who, in relation to
a matter specified in the first column of the table, is specified in the second
column (but a reference to a relevant person does not in any case include the
House of Commons, the House of Lords, the National Assembly for Wales or
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the Scottish Parliament).

Matter
Relevant person

A term of appointment
The person who has the power to set

the term.

Access to an opportunity
The person who has the power to

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afford access to the opportunity (or, if

there is no such person, the person who

has the power to make the

appointment).

Terminating an appointment
The person who has the power to

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terminate the appointment.

Subjecting an appointee to any
The person who has the power in

other detriment
relation to the matter to which the

conduct in question relates (or, if there

is no such person, the person who has

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the power to make the appointment).

Harassing an appointee
The person who has the power in

relation to the matter to which the

conduct in question relates.

(7)
A reference to termination of a person’s appointment includes a reference to
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termination—
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

Clause 50: Qualifications bodies
Effect
181. This clause makes it unlawful for a qualifications body (as defined in clause 122) to
discriminate against, harass or victimise a person when conferring relevant qualifications
(which includes renewing or extending a qualification). It provides that applying a competence
5
standard to a disabled person is not disability discrimination, provided the application of the
standard is justified. It also imposes a duty on qualifications bodies to make reasonable
adjustments for disabled people.
Background
182. This clause replaces similar provisions in current legislation. It also extends the
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protection to cover discrimination in the arrangements made for determining upon whom a
relevant qualification should be conferred.
Examples
• A body which confers diplomas certifying that people are qualified electricians
refuses to confer the qualification on a man simply because he is gay. This would be
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direct discrimination.
• An organisation which maintains a register of professional tradespeople refuses to
include a person’s details on the register because her name does not sound English.
This would be direct discrimination.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

(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 relevant person’s conduct, to
terminate the appointment without notice.
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(8)
Subsection (7)(a) does not apply if, immediately after the termination, the
appointment is renewed on the same terms.
(9)
Schedule 6 (excluded offices) has effect.
Qualifications
50
Qualifications bodies
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(1)
A qualifications body (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
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(c)
by not conferring a relevant qualification on B.
(2)
A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—
(a)
by withdrawing the qualification from B;
(b)
by varying the terms on which B holds the qualification;
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(c)
by subjecting B to any other detriment.
(3)
A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—
(a)
a person who holds the qualification, or
(b)
a person who applies for it.
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(4)
A qualifications body (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
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(c)
by not conferring a relevant qualification on B.
(5)
A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
(a)
by withdrawing the qualification from B;
(b)
by varying the terms on which B holds the qualification;
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(c)
by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to a qualifications body.
(7)
The application by a qualifications body of a competence standard to a
disabled person is not disability discrimination unless it is discrimination by
virtue of section 18.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

Clause 51: Interpretation
Effect
183. This clause explains the meaning of various terms used in clause 50. In particular, it
defines a qualifications body as a body which can confer any academic, medical, technical or
other standard which is required to carry out a particular trade or profession, or which better
5
enables a person to do so by, for example, determining whether the person has a particular
level of competence or ability.
184. It also makes clear that bodies such as schools, institutions of further and higher
education and education authorities which confer qualifications such as A Levels and GCSEs
are not qualifications bodies for the purposes of clause 50.
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Background
185. This clause is designed to replicate the effect of similar provisions in current
legislation.
Example
• Examples of qualifications bodies are the Public Carriage Office (which licenses cab
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drivers in London), the British Horseracing Authority and the General Medical
Council. Also included is any body which confers a diploma on people pursuing a
particular trade (for example, plumbers), even if the diploma is not strictly necessary
to pursue a career in that trade but shows that the person has reached a certain
standard.
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Clause 52: Employment service-providers
Effect
186. This clause makes it unlawful to discriminate against, harass or victimise a person
when providing an employment service. It also places a duty on providers of employment
services to make reasonable adjustments for disabled people. Employment services are
25
defined in clause 53.
Background
187. This clause replaces the separate provisions for vocational training and employment
agencies in current legislation with a single provision covering both.
Examples
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• A company which provides courses to train people to be plumbers refuses to enrol
women. This would be direct discrimination.
• An agency which supplies schools with teachers offers placements only to white
teachers. This would be direct discrimination.
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Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

51
Interpretation
(1)
This section applies for the purposes of section 50.
(2)
A qualifications body is an authority or body which can confer a relevant
qualification.
(3)
A relevant qualification is an authorisation, qualification, recognition,
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registration, enrolment, approval or certification which is needed for, or
facilitates engagement in, a particular trade or profession.
(4)
An authority or body is not a qualifications body in so far as—
(a)
it can confer a qualification to which section 91 applies,
(b)
it is the responsible body of a school to which section 80 applies,
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(c)
it is the governing body of an institution to which section 86 applies,
(d)
it exercises functions under the Education Acts, or
(e)
it exercises functions under the Education (Scotland) Act 1980.
(5)
A reference to conferring a qualification includes a reference to renewing or
extending the conferment of a qualification.
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(6)
A competence standard is an academic, medical or other standard applied for
the purpose of determining whether or not a person has a particular level of
competence or ability.
Employment services
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Employment service-providers
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(1)
A person (an “employment service-provider”) concerned with the provision of
an employment service must not discriminate against a person—
(a)
in the arrangements the service-provider makes for selecting persons to
whom to provide, or to whom to offer to provide, the service;
(b)
as to the terms on which the service-provider offers to provide the
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service to the person;
(c)
by not offering to provide the service to the person.
(2)
An employment service-provider (A) must not, in relation to the provision of
an employment service, discriminate against a person (B)—
(a)
as to the terms on which A provides the service to B;
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(b)
by not providing the service to B;
(c)
by terminating the provision of the service to B;
(d)
by subjecting B to any other detriment.
(3)
An employment service-provider must not, in relation to the provision of an
employment service, harass—
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(a)
a person who asks the service-provider to provide the service, or
(b)
a person for whom the service-provider provides the service.
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