|
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| |
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• A firm which offers work placements must make reasonable adjustments for disabled |
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people to have access to any equipment they may need. |
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Clause 53: Interpretation |
| |
| |
188. This clause explains what the provision of an employment service includes (such as |
| 5 |
the provision of training for employment or careers guidance), and what it does not include |
| |
(such as education in schools), for the purposes of clause 52. |
| |
| |
• Examples of the types of activities covered under this clause include providing CV |
| |
writing classes, English or Maths classes to help adults into work; training in IT/ |
| 10 |
keyboard skills; or providing work placements. |
| |
| |
|
| |
| |
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(4) | An employment service-provider (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for selecting persons to whom to provide, |
| |
or to whom to offer to provide, the service; |
| |
(b) | as to the terms on which A offers to provide the service to B; |
| |
(c) | by not offering to provide the service to B. |
| 5 |
(5) | An employment service-provider (A) must not, in relation to the provision of |
| |
an employment service, victimise a person (B)— |
| |
(a) | as to the terms on which A provides the service to B; |
| |
(b) | by not providing the service to B; |
| |
(c) | by terminating the provision of the service to B; |
| 10 |
(d) | by subjecting B to any other detriment. |
| |
(6) | A duty to make reasonable adjustments applies to an employment service- |
| |
provider (except in relation to the provision of an employment service within |
| |
subsection 53(2)(a), (b) or (c)). |
| |
| 15 |
(1) | This section applies for the purposes of section 52. |
| |
(2) | The provision of an employment service includes— |
| |
(a) | the provision of vocational training; |
| |
(b) | the provision of vocational guidance; |
| |
(c) | making arrangements for the provision of vocational training or |
| 20 |
| |
(d) | the provision of a service for finding employment for persons; |
| |
(e) | the provision of a service for supplying employers with persons to do |
| |
| |
(f) | the provision of a service in pursuance of arrangements made under |
| 25 |
section 2 of the Employment and Training Act 1973 (functions of the |
| |
Secretary of State relating to employment); |
| |
(g) | the provision of a service in pursuance of arrangements made or a |
| |
direction given under section 10 of that Act (careers services); |
| |
(h) | the exercise of a function in pursuance of arrangements made under |
| 30 |
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 |
| |
(functions of Scottish Enterprise, etc. relating to employment); |
| |
(i) | an assessment related to the conferment of a relevant qualification |
| |
within the meaning of section 50 above (except in so far as the |
| |
assessment is by the qualifications body which confers the |
| 35 |
| |
(3) | An employment service does not include a service the provision of which is |
| |
otherwise than by way of a trade or profession. |
| |
(4) | This section does not apply in relation to training or guidance in so far as it is |
| |
training or guidance in relation to which another provision of this Part applies. |
| 40 |
(5) | This section does not apply in relation to training or guidance for pupils of a |
| |
school to which section 80 applies in so far as it is training or guidance to which |
| |
the responsible body of the school has power to afford access (whether as the |
| |
responsible body of that school or as the responsible body of any other school |
| |
at which the training or guidance is provided). |
| 45 |
| |
|
| |
| |
| |
Clause 54: Trade organisations |
| |
| |
189. This clause makes it unlawful for a trade organisation to discriminate against, harass |
| |
or victimise a person who is, or is applying to be, a member. It also requires trade |
| |
organisations to make reasonable adjustments for disabled people. |
| 5 |
190. A trade organisation is an organisation of workers (such as a trade union) or |
| |
employers (such as the Chambers of Commerce); or an organisation whose members carry out |
| |
a particular trade or profession (such as the British Medical Association, the Institute of Civil |
| |
Engineers and the Law Society). |
| |
| 10 |
191. This clause is designed to replicate the effect of similar provisions in current |
| |
legislation. It also extends the protection to cover discrimination in the arrangements made for |
| |
determining to whom membership should be offered. |
| |
| |
• A trade union restricts its membership to men. This would be direct discrimination. |
| 15 |
• An organisation of employers varies membership subscriptions or access to |
| |
conferences because of a person’s race. This would be direct discrimination. |
| |
| |
|
| |
| |
| |
(6) | This section does not apply in relation to training or guidance for students of |
| |
an institution to which section 86 applies in so far as it is training or guidance |
| |
to which the governing body of the institution has power to afford access. |
| |
(7) | In so far as a service is an employment service— |
| |
(a) | its provision is not the provision of a service, or the exercise of a public |
| 5 |
function, for the purposes of Part 3 (services and public functions); |
| |
(b) | it is not a benefit, facility or service for the purposes of Part 7 |
| |
| |
(8) | “Vocational training” means— |
| |
(a) | training for employment, or |
| 10 |
(b) | work experience (including work experience the duration of which is |
| |
not agreed until after it begins). |
| |
(9) | A reference to training includes a reference to facilities for training. |
| |
| |
| 15 |
(1) | A trade organisation (A) must not discriminate against a person (B)— |
| |
(a) | in the arrangements A makes for deciding to whom to offer |
| |
membership of the organisation; |
| |
(b) | as to the terms on which it is prepared to admit B as a member; |
| |
(c) | by not accepting B’s application for membership. |
| 20 |
(2) | A trade organisation (A) must not discriminate against a member (B)— |
| |
(a) | in the way it affords B access, or by not affording B access, to |
| |
opportunities for receiving a benefit, facility or service; |
| |
(b) | by depriving B of membership; |
| |
(c) | by varying the terms on which B is a member; |
| 25 |
(d) | by subjecting B to any other detriment. |
| |
(3) | A trade organisation must not, in relation to membership of it, harass— |
| |
| |
(b) | an applicant for membership. |
| |
(4) | A trade organisation (A) must not victimise a person (B)— |
| 30 |
(a) | in the arrangements A makes for deciding to whom to offer |
| |
membership of the organisation; |
| |
(b) | as to the terms on which it is prepared to admit B as a member; |
| |
(c) | by not accepting B’s application for membership. |
| |
(5) | A trade organisation (A) must not victimise a member (B)— |
| 35 |
(a) | in the way it affords B access, or by not affording B access, to |
| |
opportunities for receiving a benefit, facility or service; |
| |
(b) | by depriving B of membership; |
| |
(c) | by varying the terms on which B is a member; |
| |
(d) | by subjecting B to any other detriment. |
| 40 |
(6) | A duty to make reasonable adjustments applies to a trade organisation. |
| |
(7) | A trade organisation is— |
| |
| |
|
| |
| |
| |
Clause 55: Official business of members |
| |
| |
192. This clause makes it unlawful for local authorities to discriminate against, harass or |
| |
victimise their members in relation to providing access to facilities such as training which |
| |
relate to the carrying out of their official business. This does not apply to election or |
| 5 |
appointment to posts within the local authority. It imposes a duty on local authorities to make |
| |
reasonable adjustments for disabled members. |
| |
| |
193. This clause extends protection currently in the Disability Discrimination Act 1995 to |
| |
all protected characteristics. |
| 10 |
| |
• A local authority does not equip meeting rooms with hearing loops for a member who |
| |
has a hearing impairment, in order to enable her to take full part in the business for |
| |
which she has been elected. This would be direct discrimination if provision of |
| |
hearing loops were considered to be a reasonable adjustment. |
| 15 |
Clause 56: Interpretation |
| |
| |
194. This clause explains the meaning of various terms used in clause 55. In particular, it |
| |
lists the various bodies which are included in the term “local authority” and provides a power |
| |
for a Minister of the Crown to add to this list of bodies. It also explains what is meant by |
| 20 |
“members of a local authority carrying out official business”. |
| |
| |
• A local authority member who is considering an application for planning permission |
| |
whilst sitting on a council's Planning Committee would be undertaking “official |
| |
| 25 |
| |
|
| |
| |
| |
(a) | an organisation of workers, |
| |
(b) | an organisation of employers, or |
| |
(c) | any other organisation whose members carry on a particular trade or |
| |
profession for the purposes of which the organisation exists. |
| |
| 5 |
55 | Official business of members |
| |
(1) | A local authority must not discriminate against a member of the authority in |
| |
relation to the member’s carrying out of official business— |
| |
(a) | in the way the authority affords the member access, or by not affording |
| |
the member access, to opportunities for training or for receiving any |
| 10 |
| |
(b) | by subjecting the member to any other detriment. |
| |
(2) | A local authority must not, in relation to a member’s carrying-out of official |
| |
business, harass the member. |
| |
(3) | A local authority must not victimise a member of the authority in relation to |
| 15 |
the member’s carrying out of official business— |
| |
(a) | in the way the authority affords the member access, or by not affording |
| |
the member access, to opportunities for training or for receiving any |
| |
| |
(b) | by subjecting the member to any other detriment. |
| 20 |
(4) | A member of a local authority is not subjected to a detriment for the purposes |
| |
of subsection (1)(b) or (3)(b) only because the member is— |
| |
(a) | not appointed or elected to an office of the authority, |
| |
(b) | not appointed or elected to, or to an office of, a committee or sub- |
| |
committee of the authority, or |
| 25 |
(c) | not appointed or nominated in exercise of an appointment power of the |
| |
| |
(5) | In subsection (4)(c), an appointment power of a local authority is a power of the |
| |
authority, or of a group of bodies including the authority, to make— |
| |
(a) | appointments to a body; |
| 30 |
(b) | nominations for appointment to a body. |
| |
(6) | A duty to make reasonable adjustments applies to a local authority. |
| |
| |
(1) | This section applies for the purposes of section 55. |
| |
(2) | “Local authority” means— |
| 35 |
(a) | a county council in England; |
| |
(b) | a district council in England; |
| |
(c) | the Greater London Authority; |
| |
(d) | a London borough council; |
| |
(e) | the Common Council of the City of London; |
| 40 |
(f) | the Council of the Isles of Scilly; |
| |
(g) | a parish council in England; |
| |
| |
|
| |
| |
| |
Chapter 2: Occupational pension schemes |
| |
Clause 57: Non-discrimination rule |
| |
| |
195. This clause requires that every occupational pension scheme is to have a non- |
| |
discrimination rule read into it. The rule prohibits “a responsible person” from discriminating, |
| 5 |
harassing or victimising a member or a person who could become a member of the scheme. |
| |
196. A responsible person is a scheme trustee or manager, an employer, and the person |
| |
responsible for appointing a person to a public office, where the office holder can be a scheme |
| |
| |
197. The rule does not apply to pension rights built up or benefits payable for periods of |
| 10 |
service before the commencement of this clause. Periods of service prior to this date will be |
| |
subject to the previous discrimination legislation. |
| |
198. Where there has been a breach of a non-discrimination rule, proceedings may be |
| |
brought against the person responsible for the breach under Part 9 of the Bill. |
| |
199. Pension credit members are not protected from discrimination because their rights are |
| 15 |
derived from an order of the court, rather than directly from employment. |
| |
200. It would not be a breach of a non-discrimination rule if an employer or the trustees or |
| |
managers to maintain certain practices or make decisions in relation to age that are specified |
| |
| |
| |
|
