(79-85)

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

(79-85)

EXPLANATORY NOTES

E177

Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

Relevant matter
Description of disabled person

Deciding who to recommend or
A person who is, or has notified A that

approve for appointment to the
the person may be, seeking

office.
recommendation or approval for

appointment to the office.

A person who is being considered for

recommendation or approval for

appointment to the office.

An appointment to the office.
A person who is seeking, or being

considered for, appointment to the

office in question.

14
In relation to the second requirement in a case within paragraph 11, 12 or 13,
the reference in paragraph 2(2)(b) to premises occupied by A is to be read as
a reference to premises—
(a)
under the control of A, and
(b)
at or from which the functions of the office concerned are performed.
Qualifications bodies (see section 50)
15    (1)
This paragraph applies where A is a qualifications body.

Relevant matter
Description of disabled person

Deciding on whom to confer a
A person who is, or has notified A that

relevant qualification.
the person may be, an applicant for the

conferment of the qualification.

Conferment by the body of a
An applicant for the conferment of the

relevant qualification.
qualification.

A person who holds the qualification.

      (2)
A provision, criterion or practice does not include the application of a
competence standard.
Employment service-providers (see section 52)
16
This paragraph applies where—
(a)
A is an employment service-provider, and
(b)
the employment service which A provides is vocational training
within the meaning of section 53(8)(b).
177

EXPLANATORY NOTES

E178

Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

Relevant matter
Description of disabled person

Deciding to whom to offer to
A person who is, or has notified A that

provide the service.
the person may be, an applicant for the

provision of the service.

Provision by A of the service.
A person who applies to A for the

provision of the service.

A person to whom A provides the

service.

Trade organisations (see section 54)
17
This paragraph applies where A is a trade organisation.

Relevant matter
Description of disabled person

Deciding to whom to offer
A person who is, or has notified A

membership of the organisation.
that the person may be, an applicant

for membership.

Membership of the organisation.
An applicant for membership.

A member.

Local authorities (see section 55)
18    (1)
This paragraph applies where A is a local authority.

Relevant matter
Description of disabled person

A member’s carrying-out of official
The member.

business.

      (2)
Regulations may, for the purposes of a case within this paragraph, make
provision—
(a)
as to circumstances in which a provision, criterion or practice is, or is
not, to be taken to put a disabled person at the disadvantage referred
to in the first requirement;
(b)
as to circumstances in which a physical feature is, or is not, to be
taken to put a disabled person at the disadvantage referred to in the
second requirement;
(c)
as to circumstances in which it is, or in which it is not, reasonable for
a local authority to be required to take steps of a prescribed
description;
(d)
as to steps which it is always, or which it is never, reasonable for a
local authority to take.
178

EXPLANATORY NOTES

E179

Schedule 8 — Work: reasonable adjustments
Part 3 — Limitations on the duty

Occupational pensions (see section 57)
19
This paragraph applies where A is, in relation to an occupational pension
scheme, a responsible person within the meaning of section 57.

Relevant matter
Description of disabled person

Carrying out A’s functions in
A person who is or may be a member

relation to the scheme.
of the scheme.

Part 3
Limitations on the duty
Lack of knowledge of disability, etc.
20    (1)
A is not subject to a duty to make reasonable adjustments if A does not
know, and could not reasonably be expected to know—
(a)
in the case of an applicant or potential applicant, that an interested
disabled person is or may be an applicant for the work in question;
(b)
in any other case referred to in this Part of this Schedule, that an
interested disabled person has a disability and is likely to be placed
at the disadvantage referred to in the first, second or third
requirement.
      (2)
An applicant is, in relation to the description of A specified in the first
column of the table, a person of a description specified in the second column
(and the reference to a potential applicant is to be construed accordingly).

Description of A
Applicant

An employer
An applicant for employment

A firm or proposed firm
A candidate for a position as a partner

An LLP or proposed LLP
A candidate for a position as a member

A barrister or barrister’s
An applicant for a pupillage or tenancy

clerk

An advocate or advocate’s
An applicant for being taken as an

clerk
advocate’s devil or for becoming a

member of a stable

A relevant person in
A person who is seeking appointment to,

relation to a personal or
or recommendation or approval for

public office
appointment to, the office

A qualifications body
An applicant for the conferment of a

relevant qualification

An employment service-
An applicant for the provision of an

provider
employment service

A trade organisation
An applicant for membership

179

Schedule 8 — Work: reasonable adjustments
Part 3 — Limitations on the duty

Schedule 9: Work exceptions
737. The power in paragraph 16 allows a Minister of the Crown to specify descriptions of
practices, actions or decisions relating to age in respect of contributions by employers to
personal pension schemes that an employer may maintain or use without breaching a non-
discrimination rule.
Background
738. Exceptions to the non-discrimination rule in relation to age in respect of employer
contributions to personal pension schemes are currently set out at Schedule 2 to the
Employment Equality (Age) Regulations 2006 (SI 2006/1031).
Part 1: Occupational requirements
739. Part 1 of this Schedule concerns requirements for particular kinds of work.
General: paragraph 1
Effect
740. This paragraph provides a general exception to what would otherwise be unlawful
direct discrimination in relation to work. The exception applies where being of a particular
sex, race, disability, religion or belief, sexual orientation or age – or not being a transsexual
person, married or a civil partner – is a requirement for the work, and the person whom it is
applied to does not meet it (or, except in the case of sex, does not meet it to the reasonable
satisfaction of the person who applied it). The requirement must be crucial to the post, and not
merely one of several important factors. It also must not be a sham or pretext. In addition,
applying the requirement must be proportionate so as to achieve a legitimate aim.
741. The exception can be used by employers, principals (as defined in clause 38) in
relation to contract work, partners, members of LLPs and those with the power to appoint or
remove office-holders, or to recommend an appointment to a public office.
Background
742. This paragraph replicates the effect of exceptions for occupational requirements in
current discrimination legislation, and creates new exceptions in relation to disability and to
replace the existing occupational qualifications in relation to sex, gender reassignment, colour
and nationality. It differs from the existing exceptions for occupational requirements in that it
makes clear that the requirement must pursue a legitimate aim and that the burden of showing
the exception applies rests on those seeking to rely on it.
E180