|
|
| |
|
(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; |
| 5 |
(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 |
| |
| 10 |
(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 |
| 15 |
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 |
| 20 |
(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)— |
| 25 |
(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 |
| |
| 30 |
(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. |
| 35 |
(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; |
| 40 |
(b) | by not recommending B for appointment to the office; |
| |
(c) | by making a negative recommendation of B for appointment to the |
| |
| |
(d) | by not giving approval to the appointment of B to the office. |
| |
| |
|
|
| |
|
(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 |
| 5 |
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 |
| 10 |
(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. |
| 15 |
(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 |
| 20 |
the Scottish Parliament). |
| |
| | | | | | | The person who has the power to set |
| | | | | | | | | | The person who has the power to |
| | 25 | | | afford access to the opportunity (or, if |
| | | | | there is no such person, the person who |
| | | | | has the power to make the |
| | | | | | | | | Terminating an appointment |
| The person who has the power to |
| | 30 | | | terminate the appointment. |
| | | | Subjecting an appointee to any |
| The person who has the power in |
| | | | | relation to the matter to which the |
| | | | | conduct in question relates (or, if there |
| | | | | is no such person, the person who has |
| | 35 | | | the power to make the appointment). |
| | | | | 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 |
| 40 |
| |
| |
|
|
| |
|
Clause 50: Qualifications bodies |
| |
| |
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. |
| |
| |
182. This clause replaces similar provisions in current legislation. It also extends the |
| 10 |
protection to cover discrimination in the arrangements made for determining upon whom a |
| |
relevant qualification should be conferred. |
| |
| |
• 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 |
| 15 |
| |
• 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. |
| |
| |
|
|
| |
|
(a) | by the expiry of a period (including a period expiring by reference to an |
| |
| |
(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. |
| 5 |
(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. |
| |
| |
| 10 |
(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 |
| |
| |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| |
| 15 |
(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; |
| 20 |
(c) | by subjecting B to any other detriment. |
| |
(3) | A qualifications body must not, in relation to conferment by it of a relevant |
| |
| |
(a) | a person who holds the qualification, or |
| |
(b) | a person who applies for it. |
| 25 |
(4) | A qualifications body (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for deciding upon whom to confer a |
| |
| |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| |
| 30 |
(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; |
| 35 |
(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 |
| |
| 40 |
| |
|
|
| |
|
Clause 51: Interpretation |
| |
| |
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. |
| 10 |
| |
185. This clause is designed to replicate the effect of similar provisions in current |
| |
| |
| |
• Examples of qualifications bodies are the Public Carriage Office (which licenses cab |
| 15 |
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 |
| |
| 20 |
Clause 52: Employment service-providers |
| |
| |
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 |
| |
| |
187. This clause replaces the separate provisions for vocational training and employment |
| |
agencies in current legislation with a single provision covering both. |
| |
| 30 |
• 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. |
| |
| |
|
|
| |
|
| |
(1) | This section applies for the purposes of section 50. |
| |
(2) | A qualifications body is an authority or body which can confer a relevant |
| |
| |
(3) | A relevant qualification is an authorisation, qualification, recognition, |
| 5 |
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, |
| 10 |
(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. |
| 15 |
(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 |
| |
| |
| |
52 | Employment service-providers |
| 20 |
(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 |
| 25 |
| |
(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; |
| 30 |
(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— |
| 35 |
(a) | a person who asks the service-provider to provide the service, or |
| |
(b) | a person for whom the service-provider provides the service. |
| |
| |
|