Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
22

(b)
by an act of B’s (including giving notice) in circumstances such that B is
entitled, because of A’s conduct, to terminate the employment without
notice.
(8)
Subsection (7)(a) does not apply if, immediately after the termination, the
employment is renewed on the same terms.
5
38
Employees and applicants: harassment
(1)
An employer (A) must not, in relation to employment by A, harass a person
(B)—
(a)
who is an employee of A’s;
(b)
who has applied to A for employment.
10
(2)
The circumstances in which A is to be treated as harassing B under subsection
(1) include those where—
(a)
a third party harasses B in the course of B’s employment, and
(b)
A failed to take such steps as would have been reasonably practicable
to prevent the third party from doing so.
15
(3)
Subsection (2) does not apply unless A knows that B has been harassed in the
course of B’s employment on at least two other occasions by a third party; and
it does not matter whether the third party is the same or a different person on
each occasion.
(4)
A third party is a person other than—
20
(a)
A, or
(b)
an employee of A’s.
39
Contract workers
(1)
A principal must not discriminate against a contract worker—
(a)
as to the terms on which the principal allows the worker to do the work;
25
(b)
by not allowing the worker to do, or to continue to do, the work;
(c)
in the way the principal affords the worker access, or by not affording
the worker access, to opportunities for receiving a benefit, facility or
service;
(d)
by subjecting the worker to any other detriment.
30
(2)
A principal must not, in relation to contract work, harass a contract worker.
(3)
A principal must not victimise a contract worker—
(a)
as to the terms on which the principal allows the worker to do the work;
(b)
by not allowing the worker to do, or to continue to do, the work;
(c)
in the way the principal affords the worker access, or by not affording
35
the worker access, to opportunities for receiving a benefit, facility or
service;
(d)
by subjecting the worker to any other detriment.
(4)
A duty to make reasonable adjustments applies to a principal (as well as to the
employer of a contract worker).
40
(5)
A “principal” is a person who makes work available for an individual who is—
(a)
employed by another person, and

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
23

(b)
supplied by that other person in furtherance of a contract to which the
principal is a party (whether or not that other person is a party to it).
(6)
“Contract work” is work such as is mentioned in subsection (5).
(7)
A “contract worker” is an individual supplied to a principal in furtherance of a
contract such as is mentioned in subsection (5)(b).
5
Police officers
40
Identity of employer
(1)
For the purposes of this Part, holding the office of constable is to be treated as
employment—
(a)
by the chief officer, in respect of any act done by the chief officer in
10
relation to a constable or appointment to the office of constable;
(b)
by the responsible authority, in respect of any act done by the authority
in relation to a constable or appointment to the office of constable.
(2)
For the purposes of this Part, holding an appointment as a police cadet is to be
treated as employment—
15
(a)
by the chief officer, in respect of any act done by the chief officer in
relation to a police cadet or appointment as one;
(b)
by the responsible authority, in respect of any act done by the authority
in relation to a police cadet or appointment as one.
(3)
Subsection (1) does not apply to service with the Civil Nuclear Constabulary
20
(as to which, see section 55(2) of the Energy Act 2004).
(4)
Subsection (1) does not apply to a constable at SOCA, SPSA or SCDEA.
(5)
A constable at SOCA or SPSA is to be treated as employed by it, in respect of
any act done by it in relation to the constable.
(6)
A constable at SCDEA is to be treated as employed by the Director General of
25
SCDEA, in respect of any act done by the Director General in relation to the
constable.
41
Interpretation
(1)
This section applies for the purposes of section 40.
(2)
“Chief officer” means—
30
(a)
in relation to an appointment under a relevant Act, the chief officer of
police for the police force to which the appointment relates;
(b)
in relation to any other appointment, the person under whose direction
and control the body of constables or other persons to which the
appointment relates is;
35
(c)
in relation to a constable or other person under the direction and
control of a chief officer of police, that chief officer of police;
(d)
in relation to any other constable or any other person, the person under
whose direction and control the constable or other person is.
(3)
“Responsible authority” means—
40
(a)
in relation to an appointment under a relevant Act, the police authority
that maintains the police force to which the appointment relates;

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
24

(b)
in relation to any other appointment, the person by whom a person
would (if appointed) be paid;
(c)
in relation to a constable or other person under the direction and
control of a chief officer of police, the police authority that maintains
the police force for which that chief officer is the chief officer of police;
5
(d)
in relation to any other constable or any other person, the person by
whom the constable or other person is paid.
(4)
“Police cadet” means a person appointed to undergo training with a view to
becoming a constable.
(5)
“SOCA” means the Serious Organised Crime Agency; and a reference to a
10
constable at SOCA is a reference to a constable seconded to it to serve as a
member of its staff.
(6)
“SPSA” means the Scottish Police Services Authority; and a reference to a
constable at SPSA is a reference to a constable—
(a)
seconded to it to serve as a member of its staff, and
15
(b)
not at SCDEA.
(7)
“SCDEA” means the Scottish Crime and Drugs Enforcement Agency; and a
reference to a constable at SCDEA is a reference to a constable who is a police
member of it by virtue of paragraph 7(2)(a) or (b) of Schedule 2 to the Police,
Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (secondment).
20
(8)
For the purposes of this section, the relevant Acts are—
(a)
the Metropolitan Police Act 1829 (c. 44);
(b)
the City of London Police Act 1839 (2 & 3 Vict. c.xciv);
(c)
the Police (Scotland) Act 1967 (c. 77);
(d)
the Police Act 1996 (c. 16).
25
(9)
A reference in subsection (2) or (3) to a chief officer of police includes, in
relation to Scotland, a reference to a chief constable.
Partners
42
Partnerships
(1)
A firm or proposed firm must not discriminate against a person—
30
(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
(c)
by not offering the person a position as a partner.
(2)
A firm (A) must not discriminate against a partner (B)—
35
(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
40
(d)
by subjecting B to any other detriment.
(3)
A firm must not, in relation to a position as a partner, harass—
(a)
a partner;

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
25

(b)
a person who has applied for the position.
(4)
A proposed firm must not, in relation to a position as a partner, harass a person
who has applied for the position.
(5)
A firm or proposed firm must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
5
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
(c)
by not offering the person a position as a partner.
(6)
A firm (A) must not victimise a partner (B)—
(a)
as to the terms on which B is a partner;
10
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
15
(7)
A duty to make reasonable adjustments applies to—
(a)
a firm;
(b)
a proposed firm.
(8)
In the application of this section to a limited partnership within the meaning of
the Limited Partnerships Act 1907 (c. 24), “partner” means a general partner
20
within the meaning of that Act.
43
Limited liability partnerships
(1)
An LLP or proposed LLP must not discriminate against a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
25
(b)
as to the terms on which it offers the person a position as a member;
(c)
by not offering the person a position as a member.
(2)
An LLP (A) must not discriminate against a member (B)—
(a)
as to the terms on which B is a member;
(b)
in the way A affords B access, or by not affording B access, to
30
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(3)
An LLP must not, in relation to a position as a member, harass—
35
(a)
a member;
(b)
a person who has applied for the position.
(4)
A proposed LLP must not, in relation to a position as a member, harass a
person who has applied for the position.
(5)
An LLP or proposed LLP must not victimise a person—
40
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
26

(c)
by not offering the person a position as a member.
(6)
An LLP (A) must not victimise a member (B)—
(a)
as to the terms on which B is a member;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
5
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
an LLP;
10
(b)
a proposed LLP.
44
Interpretation
(1)
This section applies for the purposes of sections 42 and 43.
(2)
“Partnership” and “firm” have the same meaning as in the Partnership Act 1890
(c. 39).
15
(3)
“Proposed firm” means persons proposing to form themselves into a
partnership.
(4)
“LLP” means a limited liability partnership (within the meaning of the Limited
Liability Partnerships Act 2000 (c. 12)).
(5)
“Proposed LLP” means persons proposing to incorporate an LLP with
20
themselves as members.
(6)
A reference to the expulsion of a partner of a firm or a member of an LLP
includes a reference to the termination of the person’s position as such—
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
25
(b)
by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the conduct of other partners or
members, to terminate the position without notice;
(c)
(in the case of a partner of a firm) as a result of the dissolution of the
partnership.
30
(7)
Subsection (6)(a) and (c) does not apply if, immediately after the termination,
the position is renewed on the same terms.
The Bar
45
Barristers
(1)
A barrister (A) must not discriminate against a person (B)—
35
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
(c)
by not offering B a pupillage or tenancy.
(2)
A barrister (A) must not discriminate against a person (B) who is a pupil or
40
tenant—

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
27

(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
(c)
by terminating the pupillage;
5
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(3)
A barrister must not, in relation to a pupillage or tenancy, harass—
(a)
the pupil or tenant;
(b)
a person who has applied for the pupillage or tenancy.
10
(4)
A barrister (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
(c)
by not offering B a pupillage or tenancy.
15
(5)
A barrister (A) must not victimise a person (B) who is a pupil or tenant—
(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
20
(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing a barrister—
(a)
discriminate against a barrister by subjecting the barrister to a
25
detriment;
(b)
harass the barrister;
(c)
victimise the barrister.
(7)
A duty to make reasonable adjustments applies to a barrister.
(8)
The preceding provisions of this section (apart from subsection (6)) apply in
30
relation to a barrister’s clerk as they apply in relation to a barrister; and for that
purpose the reference to a barrister’s clerk includes a reference to a person who
carries out the functions of a barrister’s clerk.
(9)
A reference to a tenant includes a reference to a barrister who is permitted to
work in chambers (including as a squatter or door tenant); and a reference to a
35
tenancy is to be construed accordingly.
46
Advocates
(1)
An advocate (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
40
(b)
as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
28

(2)
An advocate (A) must not discriminate against a person (B) who is a devil or a
member of a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
5
other benefit, facility or service;
(c)
by terminating A’s relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(3)
An advocate must not, in relation to a relationship with a devil or membership
10
of a stable, harass—
(a)
a devil or member;
(b)
a person who has applied to be taken as the advocate’s devil or to
become a member of the stable.
(4)
An advocate (A) must not victimise a person (B)—
15
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
(b)
as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
20
stable.
(5)
An advocate (A) must not victimise a person (B) who is a devil or a member of
a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
25
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
(c)
by terminating A’s relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
30
(6)
A person must not, in relation to instructing an advocate—
(a)
discriminate against the advocate by subjecting the advocate to a
detriment;
(b)
harass the advocate;
(c)
victimise the advocate.
35
(7)
A duty to make reasonable adjustments applies to an advocate.
(8)
This section (apart from subsection (6)) applies in relation to an advocate’s
clerk as it applies in relation to an advocate; and for that purpose the reference
to an advocate’s clerk includes a reference to a person who carries out the
functions of an advocate’s clerk.
40
(9)
“Advocate” means a practising member of the Faculty of Advocates.
Office-holders
47
Personal offices: appointments, etc.
(1)
This section applies in relation to personal offices.