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.
29

(2)
A personal office is an office or post—
(a)
to which a person is appointed to discharge a function personally
under the direction of another person, and
(b)
in respect of which an appointed person is entitled to remuneration.
(3)
A person (A) who has the power to make an appointment to a personal office
5
must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
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(4)
A person who has the power to make an appointment to a personal office must
not, in relation to the office, harass a person seeking, or being considered for,
the appointment.
(5)
A person (A) who has the power to make an appointment to a personal office
must not victimise a person (B)—
15
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
(6)
A person (A) who is a relevant person in relation to a personal office must not
20
discriminate against a person (B) appointed to the office—
(a)
as to the terms of B’s appointment;
(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;
25
(c)
by terminating B’s appointment;
(d)
by subjecting B to any other detriment.
(7)
A relevant person in relation to a personal office must not, in relation to that
office, harass a person appointed to it.
(8)
A person (A) who is a relevant person in relation to a personal office must not
30
victimise a person (B) appointed to the office—
(a)
as to the terms of B’s appointment;
(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;
35
(c)
by terminating B’s appointment;
(d)
by subjecting B to any other detriment.
(9)
A duty to make reasonable adjustments applies to—
(a)
a person who has the power to make an appointment to a personal
office;
40
(b)
a relevant person in relation to a personal office.
(10)
For the purposes of subsection (2)(a), a person is to be regarded as discharging
functions personally under the direction of another person if that other person
is entitled to direct the person as to when and where to discharge the functions.
(11)
For the purposes of subsection (2)(b), a person is not to be regarded as entitled
45
to remuneration merely because the person is entitled to payments—

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
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(a)
in respect of expenses incurred by the person in discharging the
functions of the office or post, or
(b)
by way of compensation for the loss of income or benefits the person
would or might have received had the person not been discharging the
functions of the office or post.
5
(12)
Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
10
terms including that term amounts to a contravention of subsection
(3)(b) by virtue of section 13 or 18.
48
Public offices: appointments, etc.
(1)
This section and section 49 apply in relation to public offices.
(2)
A public office is—
15
(a)
an office or post, appointment to which is made by a member of the
executive;
(b)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, a member of the
executive;
20
(c)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, the House of
Commons, the House of Lords, the National Assembly for Wales or the
Scottish Parliament.
(3)
A person (A) who has the power to make an appointment to a public office
25
within subsection (2)(a) or (b) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
30
(4)
A person who has the power to make an appointment to a public office within
subsection (2)(a) or (b) must not, in relation to the office, harass a person
seeking, or being considered for, the appointment.
(5)
A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not victimise a person (B)—
35
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
(6)
A person (A) who is a relevant person in relation to a public office within
40
subsection (2)(a) or (b) must not discriminate against a person (B) appointed to
the office—
(a)
as to B’s terms of appointment;
(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
45
other benefit, facility or service;

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Part 5 — Work
Chapter 1 — Employment, etc.
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(c)
by terminating the appointment;
(d)
by subjecting B to any other detriment.
(7)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not discriminate against a person (B) appointed to the
office—
5
(a)
as to B’s terms of appointment;
(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 subjecting B to any other detriment (other than by terminating the
10
appointment).
(8)
A relevant person in relation to a public office must not, in relation to that
office, harass a person appointed to it.
(9)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(a) or (b) must not victimise a person (B) appointed to the office—
15
(a)
as to B’s terms of appointment;
(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 terminating the appointment;
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(d)
by subjecting B to any other detriment.
(10)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not victimise a person (B) appointed to the office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
25
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by subjecting B to any other detriment (other than by terminating the
appointment).
(11)
A duty to make reasonable adjustments applies to—
30
(a)
a relevant person in relation to a public office;
(b)
a person who has the power to make an appointment to a public office
within subsection (2)(a) or (b).
(12)
Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
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(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
terms including that term amounts to a contravention of subsection
(3)(b) by virtue of section 13 or 18.
40
49
Public offices: recommendations for appointments, etc.
(1)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 48(2)(a) or (b),
must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
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appointment or to whose appointment to give approval;

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
32

(b)
by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
office;
(d)
by not giving approval to the appointment of B to the office.
(2)
A person who has the power to make a recommendation for or give approval
5
to an appointment to a public office within section 48(2)(a) or (b) must not, in
relation to the office, harass a person seeking or being considered for the
recommendation or approval.
(3)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 48(2)(a) or (b),
10
must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
(b)
by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
15
office;
(d)
by not giving approval to the appointment of B to the office.
(4)
A duty to make reasonable adjustments applies to a person who has the power
to make a recommendation for or give approval to an appointment to a public
office within section 48(2)(a) or (b).
20
(5)
A reference in this section to a person who has the power to make a
recommendation for or give approval to an appointment to a public office
within section 48(2)(a) is a reference only to a relevant body which has that
power; and for that purpose “relevant body” means a body established—
(a)
by or in pursuance of an enactment, or
25
(b)
by a member of the executive.
50
Interpretation and exceptions
(1)
This section applies for the purposes of sections 47 to 49.
(2)
“Personal office” has the meaning given in section 47.
(3)
“Public office” has the meaning given in section 48.
30
(4)
An office or post which is both a personal office and a public office is to be
treated as being a public office only.
(5)
Appointment to an office or post does not include election to it.
(6)
“Relevant person”, in relation to an office, means the person who, in relation to
a matter specified in the first column of the table, is specified in the second
35
column (but a reference to a relevant person does not in any case include the
House of Commons, the House of Lords, the National Assembly for Wales or
the Scottish Parliament).

Matter
Relevant person

A term of appointment
The person who has the power to set

40

the term.

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Part 5 — Work
Chapter 1 — Employment, etc.
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Matter
Relevant person

Access to an opportunity
The person who has the power to

afford access to the opportunity (or, if

there is no such person, the person who

has the power to make the

5

appointment).

Terminating an appointment
The person who has the power to

terminate the appointment.

Subjecting an appointee to any
The person who has the power in

other detriment
relation to the matter to which the

10

conduct in question relates (or, if there

is no such person, the person who has

the power to make the appointment).

Harassing an appointee
The person who has the power in

relation to the matter to which the

15

conduct in question relates.

(7)
A reference to termination of a person’s appointment includes a reference to
termination—
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
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(b)
by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the relevant person’s conduct, to
terminate the appointment without notice.
(8)
Subsection (7)(a) does not apply if, immediately after the termination, the
appointment is renewed on the same terms.
25
(9)
Schedule 6 (excluded offices) has effect.
Qualifications
51
Qualifications bodies
(1)
A qualifications body (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
30
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
(c)
by not conferring a relevant qualification on B.
(2)
A qualifications body (A) must not discriminate against a person (B) upon
35
whom A has conferred a relevant qualification—
(a)
by withdrawing the qualification from B;
(b)
by varying the terms on which B holds the qualification;
(c)
by subjecting B to any other detriment.
(3)
A qualifications body must not, in relation to conferment by it of a relevant
40
qualification, harass—
(a)
a person who holds the qualification, or

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Part 5 — Work
Chapter 1 — Employment, etc.
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(b)
a person who applies for it.
(4)
A qualifications body (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
5
on B;
(c)
by not conferring a relevant qualification on B.
(5)
A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
(a)
by withdrawing the qualification from B;
10
(b)
by varying the terms on which B holds the qualification;
(c)
by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to a qualifications body.
(7)
The application by a qualifications body of a competence standard to a
disabled person is not disability discrimination unless it is discrimination by
15
virtue of section 19.
52
Interpretation
(1)
This section applies for the purposes of section 51.
(2)
A qualifications body is an authority or body which can confer a relevant
qualification.
20
(3)
A relevant qualification is an authorisation, qualification, recognition,
registration, enrolment, approval or certification which is needed for, or
facilitates engagement in, a particular trade or profession.
(4)
An authority or body is not a qualifications body in so far as—
(a)
it can confer a qualification to which section 93 applies,
25
(b)
it is the responsible body of a school to which section 82 applies,
(c)
it is the governing body of an institution to which section 88 applies,
(d)
it exercises functions under the Education Acts, or
(e)
it exercises functions under the Education (Scotland) Act 1980 (c. 44).
(5)
A reference to conferring a relevant qualification includes a reference to
30
renewing or extending the conferment of a relevant qualification.
(6)
A competence standard is an academic, medical or other standard applied for
the purpose of determining whether or not a person has a particular level of
competence or ability.
Employment services
35
53
Employment service-providers
(1)
A person (an “employment service-provider”) concerned with the provision of
an employment service must not discriminate against a person—
(a)
in the arrangements the service-provider makes for selecting persons to
whom to provide, or to whom to offer to provide, the service;
40

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Part 5 — Work
Chapter 1 — Employment, etc.
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(b)
as to the terms on which the service-provider offers to provide the
service to the person;
(c)
by not offering to provide the service to the person.
(2)
An employment service-provider (A) must not, in relation to the provision of
an employment service, discriminate against a person (B)—
5
(a)
as to the terms on which A provides the service to B;
(b)
by not providing the service to B;
(c)
by terminating the provision of the service to B;
(d)
by subjecting B to any other detriment.
(3)
An employment service-provider must not, in relation to the provision of an
10
employment service, harass—
(a)
a person who asks the service-provider to provide the service, or
(b)
a person for whom the service-provider provides the service.
(4)
An employment service-provider (A) must not victimise a person (B)—
(a)
in the arrangements A makes for selecting persons to whom to provide,
15
or to whom to offer to provide, the service;
(b)
as to the terms on which A offers to provide the service to B;
(c)
by not offering to provide the service to B.
(5)
An employment service-provider (A) must not, in relation to the provision of
an employment service, victimise a person (B)—
20
(a)
as to the terms on which A provides the service to B;
(b)
by not providing the service to B;
(c)
by terminating the provision of the service to B;
(d)
by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to an employment service-
25
provider, except in relation to the provision of a vocational service.
(7)
The duty imposed by section 28(7)(a) applies to a person concerned with the
provision of a vocational service; but a failure to comply with that duty in
relation to the provision of a vocational service is a contravention of this Part
for the purposes of Part 9 (enforcement).
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54
Interpretation
(1)
This section applies for the purposes of section 53.
(2)
The provision of an employment service includes—
(a)
the provision of vocational training;
(b)
the provision of vocational guidance;
35
(c)
making arrangements for the provision of vocational training or
vocational guidance;
(d)
the provision of a service for finding employment for persons;
(e)
the provision of a service for supplying employers with persons to do
work;
40
(f)
the provision of a service in pursuance of arrangements made under
section 2 of the Employment and Training Act 1973 (c. 50) (functions of
the Secretary of State relating to employment);
(g)
the provision of a service in pursuance of arrangements made or a
direction given under section 10 of that Act (careers services);
45