Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 9 — Work: exceptions
Part 2 — Exceptions relating to age
166

(b)
agrees to the termination of the employment in circumstances where
the person would, if dismissed, have been so entitled,
(c)
would have been so entitled but for section 155 of that Act
(requirement for two years’ continuous employment), or
(d)
agrees to the termination of the employment in circumstances where
5
the person would, if dismissed, have been so entitled but for that
section.
      (4)
An enhanced redundancy payment is a payment the amount of which is,
subject to sub-paragraphs (5) and (6), calculated in accordance with section
162(1) to (3) of the Employment Rights Act 1996 (c. 18).
10
      (5)
A person making a calculation for the purposes of sub-paragraph (4)—
(a)
may treat a week’s pay as not being subject to a maximum amount;
(b)
may treat a week’s pay as being subject to a maximum amount above
that for the time being specified in section 227(1) of the Employment
Rights Act 1996;
15
(c)
may multiply the appropriate amount for each year of employment
by a figure of more than one.
      (6)
Having made a calculation for the purposes of sub-paragraph (4) (whether
or not in reliance on sub-paragraph (5)), a person may multiply the amount
calculated by a figure of more than one.
20
      (7)
In sub-paragraph (5), “the appropriate amount” has the meaning given in
section 162 of the Employment Rights Act 1996, and “a week’s pay” is to be
read with Chapter 2 of Part 14 of that Act.
      (8)
For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant
date” in subsection (1)(a) of section 162 of that Act is, in the case of a person
25
who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be
read as reference to the date of the termination of the employment.
Life assurance
14    (1)
This paragraph applies if a person (A) takes early retirement because of ill
health.
30
      (2)
It is not an age contravention to provide A with life assurance cover for the
period starting when A retires and ending—
(a)
if there is a normal retirement age, when A attains the normal
retirement age;
(b)
in any other case, when A attains the age of 65.
35
      (3)
The normal retirement age in relation to A is the age at which, when A
retires, persons holding comparable positions in the same undertaking are
normally required to retire.
Child care
15    (1)
A person does not contravene a relevant provision, so far as relating to age,
40
only by providing, or making arrangements for or facilitating the provision
of, care for children of a particular age group.
      (2)
The relevant provisions are—
(a)
section 37(2)(b);

Equality Bill
Schedule 9 — Work: exceptions
Part 3 — Other exceptions
167

(b)
section 39(1)(c);
(c)
section 42(2)(b);
(d)
section 43(2)(b);
(e)
section 45(2)(b);
(f)
section 46(2)(b);
5
(g)
section 47(6)(b);
(h)
section 48(6)(b);
(i)
section 55(2)(a);
(j)
section 56(3)(a).
      (3)
Facilitating the provision of care for a child includes—
10
(a)
paying for some or all of the cost of the provision;
(b)
helping a parent of the child to find a suitable person to provide care
for the child;
(c)
enabling a parent of the child to spend more time providing care for
the child or otherwise assisting the parent with respect to the care
15
that the parent provides for the child.
      (4)
A child is a person who has not attained the age of 17.
      (5)
A reference to care includes a reference to supervision.
Contributions to personal pension schemes
16    (1)
A Minister of the Crown may by order provide that it is not an age
20
contravention for an employer to maintain or use, with respect to
contributions to personal pension schemes, practices, actions or decisions
relating to age which are of a specified description.
      (2)
An order authorising the use of practices, actions or decisions which are not
in use before the order comes into force must not be made unless the
25
Minister consults such persons as the Minister thinks appropriate.
      (3)
“Personal pension scheme” has the meaning given in section 1 of the Pension
Schemes Act 1993; and “employer”, in relation to a personal pension scheme,
has the meaning given in section 318(1) of the Pensions Act 2004.
Part 3
30
Other exceptions
Non-contractual payments to women on maternity leave
17    (1)
A person does not contravene section 37(1)(b) or (2), so far as relating to
pregnancy and maternity, by depriving a woman who is on maternity leave
of any benefit from the terms of her employment relating to pay.
35
      (2)
The reference in sub-paragraph (1) to benefit from the terms of a woman’s
employment relating to pay does not include a reference to—
(a)
maternity-related pay (including maternity-related pay that is
increase-related),
(b)
pay (including increase-related pay) in respect of times when she is
40
not on maternity leave, or
(c)
pay by way of bonus in respect of times when she is on compulsory
maternity leave.

Equality Bill
Schedule 9 — Work: exceptions
Part 3 — Other exceptions
168

      (3)
For the purposes of sub-paragraph (2), pay is increase-related in so far as it
is to be calculated by reference to increases in pay that the woman would
have received had she not been on maternity leave.
      (4)
A reference to terms of her employment is a reference to terms of her
employment that are not in her contract of employment, her contract of
5
apprenticeship or her contract to do work personally.
      (5)
“Pay” means benefits—
(a)
that consist of the payment of money to an employee by way of
wages or salary, and
(b)
that are not benefits whose provision is regulated by the contract
10
referred to in sub-paragraph (4).
      (6)
“Maternity-related pay” means pay to which a woman is entitled—
(a)
as a result of being pregnant, or
(b)
in respect of times when she is on maternity leave.
Benefits dependent on marital status, etc.
15
18    (1)
A person does not contravene this Part of this Act, so far as relating to sexual
orientation, by doing anything which prevents or restricts a person who is
not married from having access to a benefit, facility or service—
(a)
the right to which accrued before 5 December 2005 (the day on which
section 1 of the Civil Partnership Act 2004 (c. 33) came into force), or
20
(b)
which is payable in respect of periods of service before that date.
      (2)
A person does not contravene this Part of this Act, so far as relating to sexual
orientation, by providing married persons and civil partners (to the
exclusion of all other persons) with access to a benefit, facility or service.
Provision of services etc. to the public
25
19    (1)
A does not contravene a provision mentioned in sub-paragraph (2) in
relation to the provision of a benefit, facility or service to B if A is concerned
with the provision (for payment or not) of a benefit, facility or service of the
same description to the public.
      (2)
The provisions are—
30
(a)
section 37(2) and (4);
(b)
section 39(1) and (3);
(c)
sections 42(2) and (6) and 43(2) and (6);
(d)
sections 47(6) and (8) and 48(6), (7), (9) and (10).
      (3)
Sub-paragraph (1) does not apply if—
35
(a)
the provision by A to the public differs in a material respect from the
provision by A to comparable persons,
(b)
the provision to B is regulated by B’s terms, or
(c)
the benefit, facility or service relates to training.
      (4)
“Comparable persons” means—
40
(a)
in relation to section 37(2) or (4), the other employees;
(b)
in relation to section 39(1) or (3), the other contract workers supplied
to the principal;
(c)
in relation to section 42(2) or (6), the other partners of the firm;

Equality Bill
Schedule 10 — Accessibility for disabled pupils
169

(d)
in relation to section 43(2) or (6), the other members of the LLP;
(e)
in relation to section 47(6) or (8) or 48(6), (7), (9) or (10), persons
holding offices or posts not materially different from that held by B.
      (5)
“B’s terms” means—
(a)
the terms of B’s employment,
5
(b)
the terms on which the principal allows B to do the contract work,
(c)
the terms on which B has the position as a partner or member, or
(d)
the terms of B’s appointment to the office.
      (6)
A reference to the public includes a reference to a section of the public which
includes B.
10
Insurance contracts, etc.
20    (1)
It is not a contravention of this Part, so far as relating to relevant
discrimination, to do anything in relation to an annuity, life insurance
policy, accident insurance policy or similar matter involving the assessment
of risk if—
15
(a)
the thing is done by reference to actuarial or other data from a source
on which it is reasonable to rely, and
(b)
it is reasonable to do the thing.
      (2)
“Relevant discrimination” is—
(a)
gender reassignment discrimination;
20
(b)
marriage and civil partnership discrimination;
(c)
pregnancy and maternity discrimination;
(d)
sex discrimination.
Schedule 10
Section 85

Accessibility for disabled pupils
25
Accessibility strategies
1     (1)
A local authority in England and Wales must, in relation to schools for which
it is the responsible body, prepare—
(a)
an accessibility strategy;
(b)
further such strategies at such times as may be prescribed.
30
      (2)
An accessibility strategy is a strategy for, over a prescribed period—
(a)
increasing the extent to which disabled pupils can participate in the
schools’ curriculums;
(b)
improving the physical environment of the schools for the purpose
of increasing the extent to which disabled pupils are able to take
35
advantage of education and benefits, facilities or services provided
or offered by the schools;
(c)
improving the delivery to disabled pupils of information which is
readily accessible to pupils who are not disabled.
      (3)
The delivery in sub-paragraph (2)(c) must be—
40
(a)
within a reasonable time;

Equality Bill
Schedule 10 — Accessibility for disabled pupils
170

(b)
in ways which are determined after taking account of the pupils’
disabilities and any preferences expressed by them or their parents.
      (4)
An accessibility strategy must be in writing.
      (5)
A local authority must keep its accessibility strategy under review during
the period to which it relates and, if necessary, revise it.
5
      (6)
A local authority must implement its accessibility strategy.
2     (1)
In preparing its accessibility strategy, a local authority must have regard
to—
(a)
the need to allocate adequate resources for implementing the
strategy;
10
(b)
guidance as to the matters mentioned in sub-paragraph (3).
      (2)
The authority must also have regard to guidance as to compliance with
paragraph 1(5).
      (3)
The matters are—
(a)
the content of an accessibility strategy;
15
(b)
the form in which it is to be produced;
(c)
persons to be consulted in its preparation.
      (4)
Guidance may be issued—
(a)
for England, by a Minister of the Crown;
(b)
for Wales, by the Welsh Ministers.
20
      (5)
A local authority must, if asked, make a copy of its accessibility strategy
available for inspection at such reasonable times as it decides.
      (6)
A local authority in England must, if asked by a Minister of the Crown, give
the Minister a copy of its accessibility strategy.
      (7)
A local authority in Wales must, if asked by the Welsh Ministers, give them
25
a copy of its accessibility strategy.
Accessibility plans
3     (1)
The responsible body of a school in England and Wales must prepare—
(a)
an accessibility plan;
(b)
further such plans at such times as may be prescribed.
30
      (2)
An accessibility plan is a plan for, over a prescribed period—
(a)
increasing the extent to which disabled pupils can participate in the
school’s curriculum;
(b)
improving the physical environment of the school for the purpose of
increasing the extent to which disabled pupils are able to take
35
advantage of education and benefits, facilities or services provided
or offered by the school;
(c)
improving the delivery to disabled pupils of information which is
readily accessible to pupils who are not disabled.
      (3)
The delivery in sub-paragraph (2)(c) must be—
40
(a)
within a reasonable time;
(b)
in ways which are determined after taking account of the pupils’
disabilities and any preferences expressed by them or their parents.

Equality Bill
Schedule 10 — Accessibility for disabled pupils
171

      (4)
An accessibility plan must be in writing.
      (5)
The responsible body must keep its accessibility plan under review during
the period to which it relates and, if necessary, revise it.
      (6)
The responsible body must implement its accessibility plan.
      (7)
A relevant inspection may extend to the performance by the responsible
5
body of its functions in relation to the preparation, publication, review,
revision and implementation of its accessibility plan.
      (8)
A relevant inspection is an inspection under—
(a)
Part 1 of the Education Act 2005 (c. 18), or
(b)
Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation
10
and inspection of independent education provision in England).
4     (1)
In preparing an accessibility plan, the responsible body must have regard to
the need to allocate adequate resources for implementing the plan.
      (2)
The proprietor of an independent educational institution (other than an
Academy) must, if asked, make a copy of the school’s accessibility plan
15
available for inspection at such reasonable times as the proprietor decides.
      (3)
The proprietor of an independent educational institution in England (other
than an Academy) must, if asked by a Minister of the Crown, give the
Minister a copy of the school’s accessibility plan.
      (4)
The proprietor of an independent school in Wales (other than an Academy)
20
must, if asked by the Welsh Ministers, give them a copy of the school’s
accessibility plan.
Power of direction
5     (1)
This sub-paragraph applies if the appropriate authority is satisfied (whether
or not on a complaint) that a responsible body—
25
(a)
has acted or is proposing to act unreasonably in the discharge of a
duty under this Schedule, or
(b)
has failed to discharge such a duty.
      (2)
This sub-paragraph applies if the appropriate authority is satisfied (whether
or not on a complaint) that a responsible body of a school specified in sub-
30
paragraph (3)—
(a)
has acted or is proposing to act unreasonably in the discharge of a
duty the body has in relation to the provision to the authority of
copies of the body’s accessibility plan or the inspection of that plan,
or
35
(b)
has failed to discharge the duty.
      (3)
The schools are—
(a)
schools approved under section 342 of the Education Act 1996 (c. 56)
(non-maintained special schools);
(b)
Academies.
40
      (4)
This sub-paragraph applies if a Tribunal has made an order under
paragraph 5 of Schedule 17 and the appropriate authority is satisfied
(whether or not on a complaint) that the responsible body concerned—

Equality Bill
Schedule 10 — Accessibility for disabled pupils
172

(a)
has acted or is proposing to act unreasonably in complying with the
order, or
(b)
has failed to comply with the order.
      (5)
If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a
responsible body such directions as the authority thinks expedient as to—
5
(a)
the discharge by the body of the duty, or
(b)
compliance by the body with the order.
      (6)
A direction may be given in relation to sub-paragraph (1) or (2) even if the
performance of the duty is contingent on the opinion of the responsible
body.
10
      (7)
A direction—
(a)
may be varied or revoked by the appropriate authority;
(b)
may be enforced, on the application of the appropriate authority, by
a mandatory order obtained in accordance with section 31 of the
Senior Courts Act 1981.
15
      (8)
The appropriate authority is—
(a)
in relation to the responsible body of a school in England, the
Secretary of State;
(b)
in relation to the responsible body of a school in Wales, the Welsh
Ministers.
20
Supplementary
6     (1)
This paragraph applies for the purposes of this Schedule.
      (2)
Regulations may prescribe services which are, or are not, to be regarded as
being—
(a)
education;
25
(b)
a benefit, facility or service.
      (3)
The power to make regulations is exercisable by—
(a)
in relation to England, a Minister of the Crown;
(b)
in relation to Wales, the Welsh Ministers.
      (4)
“Disabled pupil” includes a disabled person who may be admitted to the
30
school as a pupil.
      (5)
“Responsible body” means—
(a)
in relation to a maintained school or a maintained nursery school, the
local authority or governing body;
(b)
in relation to a pupil referral unit, the local authority;
35
(c)
in relation to an independent educational institution, the proprietor;
(d)
in relation to a special school not maintained by a local authority, the
proprietor.
      (6)
“Governing body”, in relation to a maintained school, means the body
corporate (constituted in accordance with regulations under section 19 of the
40
Education Act 2002 (c. 32)) which the school has as a result of that section.
      (7)
“Maintained school” has the meaning given in section 20 of the School
Standards and Framework Act 1998; and “maintained nursery school” has
the meaning given in section 22 of that Act.