House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

(65-71)


 

EXPLANATORY NOTES

 
 

E170


 


Schedule 6 — Office-holders: excluded offices

 
 

      (3)  

The reference to a registered political party is a reference to a party

registered in the Great Britain register under Part 2 of the Political Parties,

Elections and Referendums Act 2000.

Honours etc.

3          

A life peerage (within the meaning of the Life Peerages Act 1958), or any

other dignity or honour conferred by the Crown, is not a personal or public

office.

170


 


Schedule 6 — Office-holders: excluded offices

 
 

Schedule 7: Equality of terms: exceptions

Part 1: Terms of work

Compliance with laws regulating employment of women, etc.

727. Part 1 of this Schedule sets out exceptions to the operation of a sex equality clause or

a maternity equality clause. It provides that such clauses will not have effect on any terms of

employment appointment or service that are governed by laws regulating employment of

women. A few of these remain, mainly for health and safety purposes. A sex equality clause

will also have no effect on terms giving special treatment to women in connection with

pregnancy or childbirth.

Background

728. This Schedule replaces similar provisions in the Equal Pay Act 1970.

Part 2: Occupational pension schemes

Effect

729. Part 2 of this Schedule sets out certain circumstances where a sex equality rule does

not have effect in relation to occupational pension schemes.

730. It allows payments of different amounts for comparable men and women, in

prescribed circumstances, if the difference is only because of differences in retirement benefits

to which men and women are entitled. It permits payment of different amounts where those

differences result from the application of prescribed actuarial factors to the calculation of

employer’s contributions to an occupational pension scheme. It also permits payment of

different amounts where actuarial factors are applied to the determination of certain prescribed

benefits.

731. It also contains a regulation making power to vary or add to these circumstances. The

regulations may make provision for past periods, but not for pensionable service before 17

May 1990.

Background

732. This replaces similar provisions in section 64 of the Pensions Act 1995.

E171


 


Schedule 7 — Equality of terms: exceptions
Part 2 — Occupational pension schemes

 
 

Schedule 7

Section 75

 

Equality of terms: exceptions

Part 1

Terms of work

Compliance with laws regulating employment of women, etc.

1          

Neither a sex equality clause nor a maternity equality clause has effect in

relation to terms of work affected by compliance with laws regulating—

(a)   

the employment of women;

(b)   

the appointment of women to personal or public offices.

Pregnancy, etc.

2          

A sex equality clause does not have effect in relation to terms of work

affording special treatment to women in connection with pregnancy or

childbirth.

Part 2

Occupational pension schemes

Preliminary

3     (1)  

A sex equality rule does not have effect in relation to a difference as between

men and women in the effect of a relevant matter if the difference is

permitted by or by virtue of this Part of this Schedule.

      (2)  

“Relevant matter” has the meaning given in section 62.

State retirement pensions

4     (1)  

This paragraph applies where a man and a woman are eligible, in such

circumstances as may be prescribed, to receive different amounts by way of

pension.

      (2)  

The difference is permitted if, in prescribed circumstances, it is attributable

only to differences between men and women in the retirement benefits to

which, in prescribed circumstances, the man and woman are or would be

entitled.

      (3)  

“Retirement benefits” are benefits under sections 43 to 55 of the Social

Security Contributions and Benefits Act 1992 (state retirement pensions).

Actuarial factors

5     (1)  

A difference as between men and women is permitted if it consists of

applying to the calculation of the employer’s contributions to an

occupational pension scheme actuarial factors which—

(a)   

differ for men and women, and

(b)   

are of such description as may be prescribed.

171


 


Schedule 7 — Equality of terms: exceptions
Part 2 — Occupational pension schemes

 
 

Schedule 8: Work: reasonable adjustments

Effect

733. This Schedule explains how the duty to make reasonable adjustments in clause 19

applies to an employer, or other persons under Part 5 of the Bill. It sets out the three

requirements of the duty which apply where an “interested” disabled employee or job

applicant is placed at a substantial disadvantage compared to non-disabled employees or

applicants.

734. The tables set out who is an interested disabled person in relation to different

categories of “relevant matters” and the circumstances in which the duty applies in each case.

These tables capture how the duty applies in a number of areas related to work, for example to

qualifications bodies and to trade organisations and there is a regulation making power to

enable further detail to be set out about how the duty applies to local authorities in respect of

disabled members.

735. The Schedule also sets out the circumstances in which lack of knowledge of the

person’s disability or that a disabled person may be an applicant for a job means that the duty

does not apply.

Background

736. This Schedule replaces similar provisions in the Disability Discrimination Act 1995.

The Schedule provides greater clarity than in the Disability Discrimination Act that a duty to

make reasonable adjustments includes a requirement to provide an auxiliary aid if this would

overcome the substantial disadvantage to the disabled person.

Examples

• An employer provides specially-adapted furniture for a new employee with restricted

movement in his upper limbs. This is likely to be a reasonable adjustment for the

employer to make.

• A large employer is recruiting for posts which routinely attract a high number of

applications. He arranges for large print application forms to be available for any

visually-impaired people applying for a job. This is likely to be a reasonable

adjustment for the employer to make.

E172


 


Schedule 8 — Work: reasonable adjustments
Part 1 — Introductory

 
 

      (2)  

A difference as between men and women is permitted if it consists of

applying to the determination of benefits of such description as may be

prescribed actuarial factors which differ for men and women.

Power to amend

6     (1)  

A Minister of the Crown may by regulations amend this Part of this

Schedule so as to add, vary or omit provision about cases where a difference

as between men and women in the effect of a relevant matter is permitted.

      (2)  

The regulations may make provision about pensionable service before the

date on which they come into force (but not about pensionable service before

17 May 1990).

Schedule 8

Section 78

 

Work: reasonable adjustments

Part 1

Introductory

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part of this Act.

The duty

2     (1)  

A must comply with the first, second and third requirements.

      (2)  

For the purposes of this paragraph—

(a)   

the reference in section 19(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of A;

(b)   

the reference in section 19(4) to a physical feature is a reference to a

physical feature of premises occupied by A;

(c)   

the reference in section 19(3) or (4) to a disabled person is to an

interested disabled person.

      (3)  

In relation to the first and third requirements, a relevant matter is any matter

specified in the first column of the applicable table in Part 2 of this Schedule.

      (4)  

In relation to the second requirement, a relevant matter is—

(a)   

a matter specified in the second entry of the first column of the

applicable table in Part 2 of this Schedule, or

(b)   

where there is only one entry in a column, a matter specified there.

      (5)  

If two or more persons are subject to a duty to make reasonable adjustments

in relation to the same interested disabled person, each of them must comply

with the duty so far as it is reasonable for each of them to do so.

3     (1)  

This paragraph applies if a duty to make reasonable adjustments is imposed

on A by section 52 (except where the employment service which A provides

172


 

EXPLANATORY NOTES

 
 

E173


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 24 April 2009