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Schedule 7: Equality of terms: exceptions |
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Compliance with laws regulating employment of women, etc. |
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727. Part 1 of this Schedule sets out exceptions to the operation of a sex equality clause or |
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a maternity equality clause. It provides that such clauses will not have effect on any terms of |
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employment appointment or service that are governed by laws regulating employment of |
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women. A few of these remain, mainly for health and safety purposes. A sex equality clause |
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will also have no effect on terms giving special treatment to women in connection with |
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728. This Schedule replaces similar provisions in the Equal Pay Act 1970. |
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Part 2: Occupational pension schemes |
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729. Part 2 of this Schedule sets out certain circumstances where a sex equality rule does |
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not have effect in relation to occupational pension schemes. |
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730. It allows payments of different amounts for comparable men and women, in |
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prescribed circumstances, if the difference is only because of differences in retirement benefits |
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to which men and women are entitled. It permits payment of different amounts where those |
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differences result from the application of prescribed actuarial factors to the calculation of |
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employer’s contributions to an occupational pension scheme. It also permits payment of |
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different amounts where actuarial factors are applied to the determination of certain prescribed |
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731. It also contains a regulation making power to vary or add to these circumstances. The |
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regulations may make provision for past periods, but not for pensionable service before 17 |
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732. This replaces similar provisions in section 64 of the Pensions Act 1995. |
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Equality of terms: exceptions |
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Compliance with laws regulating employment of women, etc. |
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1 | Neither a sex equality clause nor a maternity equality clause has effect in |
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relation to terms of work affected by compliance with laws regulating— |
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(a) | the employment of women; |
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(b) | the appointment of women to personal or public offices. |
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2 | A sex equality clause does not have effect in relation to terms of work |
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affording special treatment to women in connection with pregnancy or |
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Occupational pension schemes |
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3 (1) | A sex equality rule does not have effect in relation to a difference as between |
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men and women in the effect of a relevant matter if the difference is |
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permitted by or by virtue of this Part of this Schedule. |
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(2) | “Relevant matter” has the meaning given in section 62. |
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State retirement pensions |
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4 (1) | This paragraph applies where a man and a woman are eligible, in such |
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circumstances as may be prescribed, to receive different amounts by way of |
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(2) | The difference is permitted if, in prescribed circumstances, it is attributable |
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only to differences between men and women in the retirement benefits to |
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which, in prescribed circumstances, the man and woman are or would be |
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(3) | “Retirement benefits” are benefits under sections 43 to 55 of the Social |
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Security Contributions and Benefits Act 1992 (state retirement pensions). |
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5 (1) | A difference as between men and women is permitted if it consists of |
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applying to the calculation of the employer’s contributions to an |
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occupational pension scheme actuarial factors which— |
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(a) | differ for men and women, and |
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(b) | are of such description as may be prescribed. |
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Schedule 8: Work: reasonable adjustments |
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733. This Schedule explains how the duty to make reasonable adjustments in clause 19 |
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applies to an employer, or other persons under Part 5 of the Bill. It sets out the three |
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requirements of the duty which apply where an “interested” disabled employee or job |
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applicant is placed at a substantial disadvantage compared to non-disabled employees or |
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734. The tables set out who is an interested disabled person in relation to different |
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categories of “relevant matters” and the circumstances in which the duty applies in each case. |
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These tables capture how the duty applies in a number of areas related to work, for example to |
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qualifications bodies and to trade organisations and there is a regulation making power to |
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enable further detail to be set out about how the duty applies to local authorities in respect of |
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735. The Schedule also sets out the circumstances in which lack of knowledge of the |
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person’s disability or that a disabled person may be an applicant for a job means that the duty |
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736. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. |
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The Schedule provides greater clarity than in the Disability Discrimination Act that a duty to |
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make reasonable adjustments includes a requirement to provide an auxiliary aid if this would |
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overcome the substantial disadvantage to the disabled person. |
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• An employer provides specially-adapted furniture for a new employee with restricted |
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movement in his upper limbs. This is likely to be a reasonable adjustment for the |
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• A large employer is recruiting for posts which routinely attract a high number of |
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applications. He arranges for large print application forms to be available for any |
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visually-impaired people applying for a job. This is likely to be a reasonable |
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adjustment for the employer to make. |
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(2) | A difference as between men and women is permitted if it consists of |
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applying to the determination of benefits of such description as may be |
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prescribed actuarial factors which differ for men and women. |
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6 (1) | A Minister of the Crown may by regulations amend this Part of this |
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Schedule so as to add, vary or omit provision about cases where a difference |
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as between men and women in the effect of a relevant matter is permitted. |
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(2) | The regulations may make provision about pensionable service before the |
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date on which they come into force (but not about pensionable service before |
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Work: reasonable adjustments |
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1 | This Schedule applies where a duty to make reasonable adjustments is |
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imposed on A by this Part of this Act. |
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2 (1) | A must comply with the first, second and third requirements. |
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(2) | For the purposes of this paragraph— |
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(a) | the reference in section 19(3) to a provision, criterion or practice is a |
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reference to a provision, criterion or practice applied by or on behalf |
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(b) | the reference in section 19(4) to a physical feature is a reference to a |
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physical feature of premises occupied by A; |
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(c) | the reference in section 19(3) or (4) to a disabled person is to an |
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interested disabled person. |
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(3) | In relation to the first and third requirements, a relevant matter is any matter |
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specified in the first column of the applicable table in Part 2 of this Schedule. |
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(4) | In relation to the second requirement, a relevant matter is— |
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(a) | a matter specified in the second entry of the first column of the |
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applicable table in Part 2 of this Schedule, or |
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(b) | where there is only one entry in a column, a matter specified there. |
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(5) | If two or more persons are subject to a duty to make reasonable adjustments |
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in relation to the same interested disabled person, each of them must comply |
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with the duty so far as it is reasonable for each of them to do so. |
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3 (1) | This paragraph applies if a duty to make reasonable adjustments is imposed |
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on A by section 52 (except where the employment service which A provides |
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