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Benefits dependent on marital status: paragraph 18 |
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804. This paragraph concerns a specific exception to the prohibition of discrimination on |
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grounds of sexual orientation in the field of employment and occupation. The exception |
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concerns the provision of benefits by reference to marital status in respect of periods of service |
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before the coming into force of the Civil Partnership Act 2004. It also concerns benefits |
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restricted to married persons and civil partners. |
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805. This exception is currently set out in regulation 25 of the Employment Equality |
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(Sexual Orientation) Regulations 2003, and the intention is to preserve the effect of that |
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• An example of an employment benefit provided by reference to marital status is an |
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occupational pension scheme which pays benefits to an employee's spouse on the |
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death of the employee, but does not similarly compensate an unmarried employee's |
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• A scheme which pays out only to surviving married and civil partners could be |
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indirectly discriminatory because it might disadvantage gay couples, but it is permitted |
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• A scheme which pays out to surviving married partners must also pay out to surviving |
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civil partners in respect of any employee service since 5 December 2005 (when the |
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Civil Partnership Act 2004 came into force). Provided the scheme does that, the |
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exception allows it, even though it may (directly or indirectly) discriminate by paying |
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out only to married partners for service before that date. |
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Provision of services, etc to the public: paragraph 19 |
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806. This paragraph provides that an employer who provides services to the public at large |
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is not liable for claims of discrimination or victimisation by an employee under Part 5 of the |
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Bill in relation to those services. Rather, where individuals are discriminated against or |
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victimised in relation to those services, they can make a claim in the county court under Part 3. |
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If on the other hand the service differs from that provided to other employees, is provided |
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under the terms and conditions of employment, or the service is to do with training, the |
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individual can bring a claim in an employment tribunal for breach of the provisions in Part 5. |
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These provisions are also applicable to services provided by firms, LLPs and relevant persons |
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(in respect of personal or public office holders). |
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807. This clause is designed to replace similar provisions in current legislation |
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• If an employee of a car hire company is denied the hire of one of its cars (on the same |
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terms available to the general public) because he is black, the employee must claim |
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under the “services” section of the Bill in the county court, rather than through an |
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employment tribunal under the “work” provisions of the Bill. |
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• If the same employee’s employment contract provides that he is allowed to hire the |
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company’s cars at a discount (which members of the public would not get), but the |
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employee is refused the discount when he goes to hire one of the firm’s cars because |
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he is a Muslim, then the employee would be able to make a discrimination claim under |
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Insurance contracts etc.: paragraph 20 |
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808. This paragraph applies where annuities, life assurance policies, accident insurance |
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policies or similar matters which involve the assessment of risk are provided in the field of |
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employment. It allows for employers to provide for payment of premiums or benefits that |
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differ for men and women, persons who are or are not married or in a civil partnership, |
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pregnancy or maternity or gender reassignment so far as this is reasonable in the light of |
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actuarial or other reliable data. |
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809. This paragraph is designed to replace a similar exception in the Sex Discrimination |
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Act 1975. However it ensures that any employment related insurance benefit is treated |
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similarly to that provided by a financial services provider relying upon the services exception |
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in Part 5 of Schedule 3. It means that where an employer has relied on relevant information, |
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any complaint about discrimination in relation to the policy is to be taken with the insurer, |
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through the county court rather than with the employer through the employment tribunal. |
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• An employer makes access to a group insurance policy available as a result of being |
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employed by it. It properly instructs the insurer to draw up the terms on a non- |
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discriminatory basis. An employee or former employee considers that she has been |
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discriminated against under the terms of the policy. Her right of action is against the |
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insurer, rather than against the employer. |
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Schedule 10: Accessibility for disabled pupils |
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810. This Schedule provides for accessibility arrangements for pupils in schools as set out |
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811. Local authorities must prepare written accessibility strategies which will increase |
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disabled pupils’ access to the school curriculum, improve the physical environment for such |
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pupils and improve the provision of information to them. Strategies must be implemented by |
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local authorities after taking account of pupils’ disabilities and preferences expressed by them |
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and their parents. They should be reviewed regularly, and revised if needed. |
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812. Local authorities must have regard to the need to allocate adequate resources to |
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implementation of the strategy and use any guidance which may be issued by a Minister of the |
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Crown in England and the Welsh Ministers in Wales. |
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|
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813. Schools must develop written accessibility plans which will increase the access of |
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disabled pupils to the school curriculum to disabled pupils, improve the physical environment |
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for such pupils and improve the provision of information to them. Plans must be implemented |
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by schools after taking account of disabled pupils’ disabilities and preferences expressed by |
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them and their parents. They should be reviewed regularly, and revised if needed. Inspections |
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of schools by OFSTED can look at the performance of these duties by schools. |
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814. Schools must have regard to the need to allocate adequate resources to the plans. |
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815. If a Minister of the Crown in England or the Welsh Ministers in Wales determines that |
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a maintained school or Academy or local authority has failed to discharge these duties, has |
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acted unreasonably in respect of these duties or has failed to comply with an order of the First- |
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tier Tribunal or the Special Educational Needs Tribunal for Wales, they may give directions to |
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the school or local authority about discharging the duty or compliance with the order. |
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816. Paragraph 6 gives a power, in England to a Minister of the Crown, and in Wales the |
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Welsh Ministers, to make regulations to say what is, and is not, education and a benefit, |
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817. These provisions are designed to replicate the effect of provisions in the Disability |
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Discrimination Act 1995, and require schools and local authorities to plan to make all aspects |
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of school more accessible to disabled pupils, particularly as the requirement to make |
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reasonable adjustments to physical features of premises does not apply to schools. |
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• A school discusses with its disabled pupils their needs and requirements in order to |
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help it develop a written accessibility plan. The plan includes a strategy to improve the |
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physical environment of the school by putting in ramps and more easily accessible |
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rooms, putting in hearing loops and producing newsletters in Braille. |
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(b) | improving the physical environment of the schools for the purpose |
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of increasing the extent to which disabled pupils are able to take |
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advantage of education and benefits, facilities or services provided |
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or offered by the schools; |
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(c) | improving the delivery to disabled pupils of information which is |
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readily accessible to pupils who are not disabled. |
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(3) | The delivery in sub-paragraph (2)(c) must be— |
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(a) | within a reasonable time; |
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(b) | in ways which are determined after taking account of the pupils’ |
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disabilities and any preferences expressed by them or their parents. |
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(4) | An accessibility strategy must be in writing. |
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(5) | A local authority must keep its accessibility strategy under review during |
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the period to which it relates and, if necessary, revise it. |
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(6) | A local authority must implement its accessibility strategy. |
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2 (1) | In preparing its accessibility strategy, a local authority must have regard |
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(a) | the need to allocate adequate resources for implementing the |
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(b) | guidance as to the matters mentioned in sub-paragraph (3). |
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(2) | The authority must also have regard to guidance as to compliance with |
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(a) | the content of an accessibility strategy; |
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(b) | the form in which it is to be produced; |
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(c) | persons to be consulted in its preparation. |
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(4) | Guidance may be issued— |
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(a) | for England, by a Minister of the Crown; |
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(b) | for Wales, by the Welsh Ministers. |
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(5) | A local authority must, if asked, make a copy of its accessibility strategy |
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available for inspection at such reasonable times as it decides. |
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(6) | A local authority in England must, if asked by a Minister of the Crown, give |
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the Minister a copy of its accessibility strategy. |
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(7) | A local authority in Wales must, if asked by the Welsh Ministers, give them |
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a copy of its accessibility strategy. |
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3 (1) | The responsible body of a school in England and Wales must prepare— |
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(a) | an accessibility plan; |
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(b) | further such plans at such times as may be prescribed. |
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(2) | An accessibility plan is a plan for, over a prescribed period— |
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(a) | increasing the extent to which disabled pupils can participate in the |
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(b) | improving the physical environment of the school for the purpose of |
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increasing the extent to which disabled pupils are able to take |
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