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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.

37


 

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

5

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.

E38


 

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

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.

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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

20

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—

38


 

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

10

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

15

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.

E39


 

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.

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.

Qualifications

50      

Qualifications bodies

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

relevant qualification;

(b)   

as to the terms on which it is prepared to confer a relevant qualification

on B;

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

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;

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;

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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.

40

39


 

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.

10

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

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

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

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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.

E40


 

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,

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,

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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

52      

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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