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.
36

(h)
the exercise of a function in pursuance of arrangements made under
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990
(c. 35) (functions of Scottish Enterprise, etc. relating to employment);
(i)
an assessment related to the conferment of a relevant qualification
within the meaning of section 51 above (except in so far as the
5
assessment is by the qualifications body which confers the
qualification).
(3)
This section does not apply in relation to training or guidance in so far as it is
training or guidance in relation to which another provision of this Part applies.
(4)
This section does not apply in relation to training or guidance for pupils of a
10
school to which section 82 applies in so far as it is training or guidance to which
the responsible body of the school has power to afford access (whether as the
responsible body of that school or as the responsible body of any other school
at which the training or guidance is provided).
(5)
This section does not apply in relation to training or guidance for students of
15
an institution to which section 88 applies in so far as it is training or guidance
to which the governing body of the institution has power to afford access.
(6)
“Vocational training” means—
(a)
training for employment, or
(b)
work experience (including work experience the duration of which is
20
not agreed until after it begins).
(7)
A reference to the provision of a vocational service is a reference to the
provision of an employment service within subsection (2)(a) to (d) (or an
employment service within subsection (2)(f) or (g) in so far as it is also an
employment service within subsection (2)(a) to (d)); and for that purpose—
25
(a)
the references to an employment service within subsection (2)(a) do not
include a reference to vocational training within the meaning given by
subsection (6)(b), and
(b)
the references to an employment service within subsection (2)(d) also
include a reference to a service for assisting persons to retain
30
employment.
(8)
A reference to training includes a reference to facilities for training.
Trade organisations
55
Trade organisations
(1)
A trade organisation (A) must not discriminate against a person (B)—
35
(a)
in the arrangements A makes for deciding to whom to offer
membership of the organisation;
(b)
as to the terms on which it is prepared to admit B as a member;
(c)
by not accepting B’s application for membership.
(2)
A trade organisation (A) must not discriminate against a member (B)—
40
(a)
in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
(b)
by depriving B of membership;
(c)
by varying the terms on which B is a member;
(d)
by subjecting B to any other detriment.
45

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
37

(3)
A trade organisation must not, in relation to membership of it, harass—
(a)
a member, or
(b)
an applicant for membership.
(4)
A trade organisation (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
5
membership of the organisation;
(b)
as to the terms on which it is prepared to admit B as a member;
(c)
by not accepting B’s application for membership.
(5)
A trade organisation (A) must not victimise a member (B)—
(a)
in the way it affords B access, or by not affording B access, to
10
opportunities for receiving a benefit, facility or service;
(b)
by depriving B of membership;
(c)
by varying the terms on which B is a member;
(d)
by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to a trade organisation.
15
(7)
A trade organisation is—
(a)
an organisation of workers,
(b)
an organisation of employers, or
(c)
any other organisation whose members carry on a particular trade or
profession for the purposes of which the organisation exists.
20
Local authority members
56
Official business of members
(1)
A local authority must not discriminate against a member of the authority in
relation to the member’s carrying out of official business—
(a)
in the way the authority affords the member access, or by not affording
25
the member access, to opportunities for training or for receiving any
other facility;
(b)
by subjecting the member to any other detriment.
(2)
A local authority must not, in relation to a member’s carrying-out of official
business, harass the member.
30
(3)
A local authority must not victimise a member of the authority in relation to
the member’s carrying out of official business—
(a)
in the way the authority affords the member access, or by not affording
the member access, to opportunities for training or for receiving any
other facility;
35
(b)
by subjecting the member to any other detriment.
(4)
A member of a local authority is not subjected to a detriment for the purposes
of subsection (1)(b) or (3)(b) only because the member is—
(a)
not appointed or elected to an office of the authority,
(b)
not appointed or elected to, or to an office of, a committee or sub-
40
committee of the authority, or
(c)
not appointed or nominated in exercise of an appointment power of the
authority.

Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes
38

(5)
In subsection (4)(c), an appointment power of a local authority is a power of the
authority, or of a group of bodies including the authority, to make—
(a)
appointments to a body;
(b)
nominations for appointment to a body.
(6)
A duty to make reasonable adjustments applies to a local authority.
5
57
Interpretation
(1)
This section applies for the purposes of section 56.
(2)
“Local authority” means—
(a)
a county council in England;
(b)
a district council in England;
10
(c)
the Greater London Authority;
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;
(g)
a parish council in England;
15
(h)
a county council in Wales;
(i)
a community council in Wales;
(j)
a county borough council in Wales;
(k)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39);
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(l)
a community council in Scotland.
(3)
A Minister of the Crown may by order amend subsection (2) so as to add, vary
or omit a reference to a body which exercises functions that have been
conferred on a local authority within paragraph (a) to (l).
(4)
A reference to the carrying-out of official business by a person who is a
25
member of a local authority is a reference to the doing of anything by the
person—
(a)
as a member of the authority,
(b)
as a member of a body to which the person is appointed by, or
appointed following nomination by, the authority or a group of bodies
30
including the authority, or
(c)
as a member of any other public body.
(5)
“Member”, in relation to the Greater London Authority, means—
(a)
the Mayor of London;
(b)
a member of the London Assembly.
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Chapter 2
Occupational pension schemes
58
Non-discrimination rule
(1)
An occupational pension scheme must be taken to include a non-
discrimination rule.
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Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes
39

(2)
A non-discrimination rule is a provision by virtue of which a responsible
person (A)—
(a)
must not discriminate against another person (B) in carrying out any of
A’s functions in relation to the scheme;
(b)
must not, in relation to the scheme, harass B;
5
(c)
must not, in relation to the scheme, victimise B.
(3)
The provisions of an occupational pension scheme have effect subject to the
non-discrimination rule.
(4)
The following are responsible persons—
(a)
the trustees or managers of the scheme;
10
(b)
an employer whose employees are, or may be, members of the scheme;
(c)
a person exercising an appointing function in relation to an office the
holder of which is, or may be, a member of the scheme.
(5)
A non-discrimination rule does not apply in relation to a person who is a
pension credit member of a scheme.
15
(6)
An appointing function is any of the following—
(a)
the function of appointing a person;
(b)
the function of terminating a person’s appointment;
(c)
the function of recommending a person for appointment;
(d)
the function of approving an appointment.
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(7)
A breach of a non-discrimination rule is a contravention of this Part for the
purposes of Part 9 (enforcement).
(8)
It is not a breach of a non-discrimination rule for the employer or the trustees
or managers of a scheme to maintain or use in relation to the scheme rules,
practices, actions or decisions relating to age which are of a description
25
specified by order by a Minister of the Crown.
(9)
An order authorising the use of rules, practices, actions or decisions which are
not in use before the order comes into force must not be made unless the
Minister consults such persons as the Minister thinks appropriate.
(10)
A non-discrimination rule does not have effect in relation to an occupational
30
pension scheme in so far as an equality rule has effect in relation to it (or would
have effect in relation to it but for Part 2 of Schedule 7).
(11)
A duty to make reasonable adjustments applies to a responsible person.
59
Non-discrimination alterations
(1)
This section applies if the trustees or managers of an occupational pension
35
scheme do not have power to make non-discrimination alterations to the
scheme.
(2)
This section also applies if the trustees or managers of an occupational pension
scheme have power to make non-discrimination alterations to the scheme but
the procedure for doing so—
40
(a)
is liable to be unduly complex or protracted, or
(b)
involves obtaining consents which cannot be obtained or which can be
obtained only with undue delay or difficulty.

Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms
40

(3)
The trustees or managers may by resolution make non-discrimination
alterations to the scheme.
(4)
Non-discrimination alterations may have effect in relation to a period before
the date on which they are made.
(5)
Non-discrimination alterations to an occupational pension scheme are such
5
alterations to the scheme as may be required for the provisions of the scheme
to have the effect that they have in consequence of section 58(3).
60
Communications
(1)
In their application to communications the following provisions apply in
relation to a disabled person who is a pension credit member of an
10
occupational pension scheme as they apply in relation to a disabled person
who is a deferred member or pensioner member of the scheme—
(a)
section 58;
(b)
section 116;
(c)
section 122;
15
(d)
paragraph 19 of Schedule 8 (and such other provisions of that Schedule
as apply for the purposes of that paragraph).
(2)
Communications include—
(a)
the provision of information;
(b)
the operation of a dispute resolution procedure.
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Chapter 3
Equality of terms
Sex equality
61
Relevant types of work
Sections 63 to 67 apply where—
25
(a)
a person (A) is employed on work that is equal to the work that a
colleague of the opposite sex (B) does;
(b)
a person (A) holding a personal or public office does work that is equal
to the work that a colleague (B) of the opposite sex does.
62
Equal work
30
(1)
For the purposes of this Chapter, A’s work is equal to that of B if it is—
(a)
like B’s work,
(b)
rated as equivalent to B’s work, or
(c)
of equal value to B’s work.
(2)
A’s work is like B’s work if—
35
(a)
A’s work and B’s work are the same or broadly similar, and
(b)
such differences as there are between their work are not of practical
importance in relation to the terms of their work.

Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms
41

(3)
So on a comparison of one person’s work with another’s for the purposes of
subsection (2), it is necessary to have regard to—
(a)
the frequency with which differences between their work occur in
practice, and
(b)
the nature and extent of the differences.
5
(4)
A’s work is rated as equivalent to B’s work if a job evaluation study—
(a)
gives an equal value to A’s job and B’s job in terms of the demands
made on a worker, or
(b)
would give an equal value to A’s job and B’s job in those terms were the
evaluation not made on a sex-specific system.
10
(5)
A system is sex-specific if, for the purposes of one or more of the demands
made on a worker, it sets values for men different from those it sets for women.
(6)
A’s work is of equal value to B’s work if it is—
(a)
neither like B’s work nor rated as equivalent to B’s work, but
(b)
nevertheless equal to B’s work in terms of the demands made on A by
15
reference to factors such as effort, skill and decision-making.
63
Sex equality clause
(1)
If the terms of A’s work do not (by whatever means) include a sex equality
clause, they are to be treated as including one.
(2)
A sex equality clause is a provision that has the following effect—
20
(a)
if a term of A’s is less favourable to A than a corresponding term of B’s
is to B, A’s term is modified so as not to be less favourable;
(b)
if A does not have a term which corresponds to a term of B’s that
benefits B, A’s terms are modified so as to include such a term.
(3)
Subsection (2)(a) applies to a term of A’s relating to membership of or rights
25
under an occupational pension scheme only in so far as a sex equality rule
would have effect in relation to the term.
(4)
In the case of work within section 62(1)(b), a reference in subsection (2) above
to a term includes a reference to such terms (if any) as have not been
determined by the rating of the work (as well as those that have).
30
64
Sex equality rule
(1)
If an occupational pension scheme does not include a sex equality rule, it is to
be treated as including one.
(2)
A sex equality rule is a provision that has the following effect—
(a)
if a relevant term is less favourable to A than it is to B, the term is
35
modified so as not to be less favourable;
(b)
if a term confers a relevant discretion capable of being exercised in a
way that would be less favourable to A than to B, the term is modified
so as to prevent the exercise of the discretion in that way.
(3)
A term is relevant if it is—
40
(a)
a term on which persons become members of the scheme, or
(b)
a term on which members of the scheme are treated.

Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms
42

(4)
A discretion is relevant if its exercise in relation to the scheme is capable of
affecting—
(a)
the way in which persons become members of the scheme, or
(b)
the way in which members of the scheme are treated.
(5)
The reference in subsection (3)(b) to a term on which members of a scheme are
5
treated includes a reference to the term as it has effect for the benefit of
dependants of members.
(6)
The reference in subsection (4)(b) to the way in which members of a scheme are
treated includes a reference to the way in which they are treated as the scheme
has effect for the benefit of dependants of members.
10
(7)
If the effect of a relevant matter on persons of the same sex differs according to
their family, marital or civil partnership status, a comparison for the purposes
of this section of the effect of that matter on persons of the opposite sex must
be with persons who have the same status.
(8)
A relevant matter is—
15
(a)
a relevant term;
(b)
a term conferring a relevant discretion;
(c)
the exercise of a relevant discretion in relation to an occupational
pension scheme.
(9)
This section, so far as relating to the terms on which persons become members
20
of an occupational pension scheme, does not have effect in relation to
pensionable service before 8 April 1976.
(10)
This section, so far as relating to the terms on which members of an
occupational pension scheme are treated, does not have effect in relation to
pensionable service before 17 May 1990.
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65
Sex equality rule: consequential alteration of schemes
(1)
This section applies if the trustees or managers of an occupational pension
scheme do not have power to make sex equality alterations to the scheme.
(2)
This section also applies if the trustees or managers of an occupational pension
scheme have power to make sex equality alterations to the scheme but the
30
procedure for doing so—
(a)
is liable to be unduly complex or protracted, or
(b)
involves obtaining consents which cannot be obtained or which can be
obtained only with undue delay or difficulty.
(3)
The trustees or managers may by resolution make sex equality alterations to
35
the scheme.
(4)
Sex equality alterations may have effect in relation to a period before the date
on which they are made.
(5)
Sex equality alterations to an occupational pension scheme are such alterations
to the scheme as may be required to secure conformity with a sex equality rule.
40