Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms
47

Disclosure of information
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Discussions with colleagues
(1)
A term of a person’s work that prevents or restricts the person (P) from being
involved in discussions with colleagues about the terms of P’s work is
unenforceable against P in so far as P is involved in a relevant pay discussion.
5
(2)
A relevant pay discussion is a discussion with a colleague—
(a)
which is about pay, and
(b)
which relates to whether or to what extent there is, in relation to the
work in question, a connection between pay and having (or not having)
a particular protected characteristic.
10
(3)
Being involved in a discussion includes—
(a)
seeking the disclosure by a colleague of information;
(b)
disclosing information to a colleague;
(c)
receiving information disclosed by a colleague.
(4)
Being involved in a relevant pay discussion is to be treated as a protected act
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for the purposes of the relevant victimisation provision.
(5)
The relevant victimisation provision is, in relation to a description of work
specified in the first column of the table, section 26 so far as it applies for the
purposes of a provision mentioned in the second column.

Description of work
Provision by virtue of which

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section 26 has effect

Employment
  Section 37(3) or (4)

Appointment to a personal office
  Section 47(5) or (8)

Appointment to a public office
  Section 48(5) or (9)

(6)
A reference to a colleague includes a reference to a person who used to be a
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colleague in relation to the work in question.
75
Gender pay gap information
(1)
A Minister of the Crown may by regulations require employers to publish
information relating to the pay of employees for the purpose of showing
whether, by reference to factors of such description as is prescribed, there are
30
differences in the pay of male and female employees.
(2)
This section does not apply to—
(a)
an employer who has fewer than 250 employees;
(b)
a person specified in Schedule 19;
(c)
a government department or part of the armed forces not specified in
35
that Schedule.
(3)
The regulations may prescribe—
(a)
descriptions of employer;
(b)
descriptions of employee;

Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms
48

(c)
how to calculate the number of employees that an employer has;
(d)
descriptions of information;
(e)
the time at which information is to be published;
(f)
the form and manner in which it is to be published.
(4)
Regulations under subsection (3)(e) may not require an employer, after the first
5
publication of information, to publish information more frequently than at
intervals of 12 months.
(5)
The regulations may make provision for a failure to comply with the
regulations—
(a)
to be an offence punishable on summary conviction by a fine not
10
exceeding level 5 on the standard scale;
(b)
to be enforced, otherwise than as an offence, by such means as is
prescribed.
(6)
The reference to a failure to comply with the regulations includes a reference
to a failure by a person acting on behalf of an employer.
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Supplementary
76
Colleagues
(1)
This section applies for the purposes of this Chapter.
(2)
If A is employed, B is a colleague of A’s only if subsection (3) or (4) applies.
(3)
This subsection applies if—
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(a)
B is employed by A’s employer or by an associate of A’s employer, and
(b)
A and B work at the same establishment.
(4)
This subsection applies if—
(a)
B is employed by A’s employer or an associate of A’s employer,
(b)
B works at an establishment other than the one at which A works, and
25
(c)
common terms apply at the establishments (either generally or as
between A and B).
(5)
If A holds a personal or public office, B is a colleague of A’s only if—
(a)
B holds a personal or public office, and
(b)
the person responsible for paying A is also responsible for paying B.
30
(6)
If A is a relevant member of the House of Commons staff, B is a colleague of
A’s only if—
(a)
B is employed by the person who is A’s employer under subsection (6)
of section 195 of the Employment Rights Act 1996 (c. 18), or
(b)
if subsection (7) of that section applies in A’s case, B is employed by the
35
person who is A’s employer under that subsection.
(7)
If A is a relevant member of the House of Lords staff, B is a colleague of A’s
only if B is also a relevant member of the House of Lords staff.
(8)
Section 40 does not apply to this Chapter; accordingly, for the purposes of this
Chapter only, holding the office of constable is to be treated as holding a
40
personal office.
(9)
For the purposes of this section, employers are associated if—

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary
49

(a)
one is a company of which the other (directly or indirectly) has control,
or
(b)
both are companies of which a third person (directly or indirectly) has
control.
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Interpretation and exceptions
5
(1)
This section applies for the purposes of this Chapter.
(2)
The terms of a person’s work are—
(a)
if the person is employed, the terms of the person’s employment that
are in the person’s contract of employment, contract of apprenticeship
or contract to do work personally;
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(b)
if the person holds a personal or public office, the terms of the person’s
appointment to the office.
(3)
If work is not done at an establishment, it is to be treated as done at the
establishment with which it has the closest connection.
(4)
A person (P) is the responsible person in relation to another person if—
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(a)
P is the other’s employer;
(b)
P is responsible for paying remuneration in respect of a personal or
public office that the other holds.
(5)
A job evaluation study is a study undertaken with a view to evaluating, in
terms of the demands made on a person by reference to factors such as effort,
20
skill and decision-making, the jobs to be done—
(a)
by some or all of the workers in an undertaking or group of
undertakings, or
(b)
in the case of the armed forces, by some or all of the members of the
armed forces.
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(6)
In the case of Crown employment, the reference in subsection (5)(a) to an
undertaking is to be construed in accordance with section 191(4) of the
Employment Rights Act 1996 (c. 18).
(7)
“Civil partnership status” has the meaning given in section 124(1) of the
Pensions Act 1995 (c. 26).
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(8)
Schedule 7 (exceptions) has effect.
Chapter 4
Supplementary
78
Ships and hovercraft
(1)
This Part applies in relation to—
35
(a)
work on ships,
(b)
work on hovercraft, and
(c)
seafarers,

only in such circumstances as are prescribed.
(2)
For the purposes of this section, it does not matter whether employment arises
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or work is carried out within or outside the United Kingdom.

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary
50

(3)
“Ship” has the same meaning as in the Merchant Shipping Act 1995.
(4)
“Hovercraft” has the same meaning as in the Hovercraft Act 1968.
(5)
“Seafarer” means a person employed or engaged in any capacity on board a
ship or hovercraft.
(6)
Nothing in this section affects the application of any other provision of this Act
5
to conduct outside England and Wales or Scotland.
79
Offshore work
(1)
Her Majesty may by Order in Council provide that in the case of persons in
offshore work—
(a)
specified provisions of this Part apply (with or without modification);
10
(b)
Northern Ireland legislation making provision for purposes
corresponding to any of the purposes of this Part applies (with or
without modification).
(2)
The Order may—
(a)
provide for these provisions, as applied by the Order, to apply to
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individuals (whether or not British citizens) and bodies corporate
(whether or not incorporated under the law of a part of the United
Kingdom), whether or not such application affects activities outside the
United Kingdom;
(b)
make provision for conferring jurisdiction on a specified court or class
20
of court or on employment tribunals in respect of offences, causes of
action or other matters arising in connection with offshore work;
(c)
exclude from the operation of section 3 of the Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings
for offences under the provisions mentioned in subsection (1) in
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connection with offshore work;
(d)
provide that such proceedings must not be brought without such
consent as may be required by the Order.
(3)
“Offshore work” is work for the purposes of—
(a)
activities in the territorial sea adjacent to the United Kingdom;
30
(b)
activities such as are mentioned in subsection (2) of section 11 of the
Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that
section;
(c)
activities mentioned in paragraphs (a) and (b) of section 87(1) of the
Energy Act 2004 in waters to which that section applies.
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(4)
Work includes employment, contract work, a position as a partner or as a
member of an LLP, or an appointment to a personal or public office.
(5)
Northern Ireland legislation includes an enactment contained in, or in an
instrument under, an Act that forms part of the law of Northern Ireland.
(6)
In the application to Northern Ireland of subsection (2)(b), the reference to
40
employment tribunals is to be read as a reference to industrial tribunals.
(7)
Nothing in this section affects the application of any other provision of this Act
to conduct outside England and Wales or Scotland.