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