|
| |
|
(7) | A reference to a registered political party is a reference to a party registered in |
| |
the Great Britain register under Part 2 of the Political Parties, Elections and |
| |
| |
(8) | Schedule 15 (reasonable adjustments) has effect. |
| |
(9) | Schedule 16 (exceptions) has effect. |
| 5 |
| |
Prohibited conduct: ancillary |
| |
104 | Relationships that have ended |
| |
(1) | A person (A) must not discriminate against another (B) if— |
| |
(a) | the discrimination arises out of and is closely connected to a |
| 10 |
relationship which used to exist between them, and |
| |
(b) | conduct of a description constituting the discrimination would, if it |
| |
occurred during the relationship, contravene this Act. |
| |
(2) | A person (A) must not harass another (B) if— |
| |
(a) | the harassment arises out of and is closely connected to a relationship |
| 15 |
which used to exist between them, and |
| |
(b) | conduct of a description constituting the harassment would, if it |
| |
occurred during the relationship, contravene this Act. |
| |
(3) | It does not matter whether the relationship ends before or after the |
| |
commencement of this section. |
| 20 |
(4) | A duty to make reasonable adjustments applies to A in so far as B continues to |
| |
be placed at a substantial disadvantage as mentioned in section 20. |
| |
(5) | For the purposes of subsection (4), sections 20, 21 and 22 and the applicable |
| |
Schedules are to be construed as if the relationship had not ended. |
| |
(6) | For the purposes of Part 9 (enforcement), a contravention of this section relates |
| 25 |
to the Part of this Act that would have been contravened if the relationship had |
| |
| |
(7) | But conduct is not a contravention of this section in so far as it also amounts to |
| |
| |
105 | Liability of employers and principals |
| 30 |
(1) | Anything done by a person (A) in the course of A’s employment must be |
| |
treated as also done by the employer. |
| |
(2) | Anything done by an agent for a principal, with the authority of the principal, |
| |
must be treated as also done by the principal. |
| |
(3) | It does not matter whether the thing is done with the employer’s or principal’s |
| 35 |
| |
(4) | In proceedings against A’s employer (B) in respect of anything alleged to have |
| |
been done by A in the course of A’s employment it is a defence for B to show |
| |
that B took all reasonable steps to prevent A— |
| |
(a) | from doing the thing, or |
| 40 |
|
| |
|
| |
|
(b) | from doing anything of that description. |
| |
(5) | This section does not apply to offences under this Act (other than offences |
| |
under Part 12 (disabled persons: transport)). |
| |
106 | Liability of employees and agents |
| |
(1) | A person (A) contravenes this section if— |
| 5 |
(a) | A is an employee or agent, |
| |
(b) | A does a thing which, by virtue of section 105(1) or (2), is treated as |
| |
having been done by A’s employer or principal (as the case may be), |
| |
| |
(c) | the doing of the thing by A amounts to a contravention of this Act by |
| 10 |
the employer or principal (as the case may be). |
| |
(2) | It does not matter whether, in any proceedings, the employer is found not to |
| |
have contravened this Act by virtue of section 105(4). |
| |
(3) | A does not contravene this section if— |
| |
(a) | A relies on a statement by the employer or principal that doing the |
| 15 |
thing is not a contravention of this Act, and |
| |
(b) | it is reasonable for A to do so. |
| |
(4) | A person (B) commits an offence if B knowingly or recklessly makes a |
| |
statement mentioned in subsection (3)(a) which is false or misleading in a |
| |
| 20 |
(5) | A person guilty of an offence under subsection (4) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(6) | Part 9 (enforcement) applies to a contravention of this section by A as if it were |
| |
the contravention mentioned in subsection (1)(c). |
| |
(7) | The reference in subsection (1)(c) to a contravention of this Act does not include |
| 25 |
a reference to disability discrimination in contravention of Chapter 1 of Part 6 |
| |
| |
107 | Instructing, causing or inducing discrimination |
| |
(1) | A person (A) must not instruct another (B) to do in relation to a third person |
| |
(C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 104(1) or (2) or |
| 30 |
108(1) (a basic contravention). |
| |
(2) | A person (A) must not cause another (B) to do in relation to a third person (C) |
| |
anything which is a basic contravention. |
| |
(3) | A person (A) must not induce another (B) to do in relation to a third person (C) |
| |
anything which is a basic contravention. |
| 35 |
(4) | For the purposes of subsection (3), inducement may be direct or indirect. |
| |
(5) | Proceedings for a contravention of this section may be brought— |
| |
(a) | by B, if B is subjected to a detriment as a result of A’s conduct; |
| |
(b) | by C, if C is subjected to a detriment as a result of A’s conduct; |
| |
| 40 |
(6) | For the purposes of subsection (5), it does not matter whether— |
| |
|
| |
|
| |
|
(a) | the basic contravention occurs; |
| |
(b) | any other proceedings are, or may be, brought in relation to A’s |
| |
| |
(7) | This section does not apply unless the relationship between A and B is such |
| |
that A is in a position to commit a basic contravention in relation to B. |
| 5 |
(8) | A reference in this section to causing or inducing a person to do a thing |
| |
includes a reference to attempting to cause or induce the person to do the thing. |
| |
(9) | For the purposes of Part 9 (enforcement), a contravention of this section is to be |
| |
| |
(a) | in a case within subsection (5)(a), to the Part of this Act which, because |
| 10 |
of the relationship between A and B, A is in a position to contravene in |
| |
| |
(b) | in a case within subsection (5)(b), to the Part of this Act which, because |
| |
of the relationship between B and C, B is in a position to contravene in |
| |
| 15 |
108 | Aiding contraventions |
| |
(1) | A person (A) must not knowingly help another (B) to do anything which |
| |
contravenes Part 3, 4, 5, 6 or 7 or section 104(1) or (2) or 107 (a basic |
| |
| |
(2) | It is not a contravention of subsection (1) if— |
| 20 |
(a) | A relies on a statement by B that the act for which the help is given does |
| |
not contravene this Act, and |
| |
(b) | it is reasonable for A to do so. |
| |
(3) | B commits an offence if B knowingly or recklessly makes a statement |
| |
mentioned in subsection (2)(a) which is false or misleading in a material |
| 25 |
| |
(4) | A person guilty of an offence under subsection (3) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(5) | For the purposes of Part 9 (enforcement), a contravention of this section is to be |
| |
treated as relating to the provision of this Act to which the basic contravention |
| 30 |
| |
(6) | The reference in subsection (1) to a basic contravention does not include a |
| |
reference to disability discrimination in contravention of Chapter 1 of Part 6 |
| |
| |
| 35 |
| |
| |
| |
| |
(1) | Proceedings relating to a contravention of this Act must be brought in |
| 40 |
accordance with this Part. |
| |
|
| |
|
| |
|
(2) | Subsection (1) does not apply to proceedings under Part 1 of the Equality Act |
| |
| |
(3) | Subsection (1) does not prevent— |
| |
(a) | a claim for judicial review; |
| |
(b) | proceedings under the Immigration Acts; |
| 5 |
(c) | proceedings under the Special Immigration Appeals Commission Act |
| |
| |
(d) | in Scotland, an application to the supervisory jurisdiction of the Court |
| |
| |
(4) | This section is subject to any express provision of this Act conferring |
| 10 |
jurisdiction on a court or tribunal. |
| |
(5) | The reference to a contravention of this Act includes a reference to a breach of |
| |
an equality clause or rule. |
| |
(6) | Chapters 2 and 3 do not apply to proceedings relating to an equality clause or |
| |
rule except in so far as Chapter 4 provides for that. |
| 15 |
(7) | This section does not apply to— |
| |
(a) | proceedings for an offence under this Act; |
| |
(b) | proceedings relating to a penalty under Part 12 (disabled persons: |
| |
| |
| 20 |
| |
| |
(1) | A county court or, in Scotland, the sheriff has jurisdiction to determine a claim |
| |
| |
(a) | a contravention of Part 3 (services and public functions); |
| 25 |
(b) | a contravention of Part 4 (premises); |
| |
(c) | a contravention of Part 6 (education); |
| |
(d) | a contravention of Part 7 (associations); |
| |
(e) | a contravention of section 104, 107 or 108 that relates to Part 3, 4, 6 or 7. |
| |
(2) | Subsection (1)(a) does not apply to a claim within section 111. |
| 30 |
(3) | Subsection (1)(c) does not apply to a claim within section 112. |
| |
(4) | For the purposes of proceedings on a claim within subsection (1)(a)— |
| |
(a) | a decision in proceedings on a claim mentioned in section 111(1) that an |
| |
act is a contravention of Part 3 is binding; |
| |
(b) | it does not matter whether the act occurs outside the United Kingdom. |
| 35 |
(5) | The county court or sheriff— |
| |
(a) | must not grant an interim injunction or interdict unless satisfied that no |
| |
criminal matter would be prejudiced by doing so; |
| |
(b) | must grant an application to stay or sist proceedings under subsection |
| |
(1) on grounds of prejudice to a criminal matter unless satisfied the |
| 40 |
matter will not be prejudiced. |
| |
|
| |
|
| |
|
(6) | In proceedings in England and Wales on a claim within subsection (1), the |
| |
power under section 63(1) of the County Courts Act 1984 (c. 28) (appointment |
| |
of assessors) must be exercised unless the judge is satisfied that there are good |
| |
reasons for not doing so. |
| |
(7) | In proceedings in Scotland on a claim within subsection (1), the power under |
| 5 |
rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of |
| |
assessors) must be exercised unless the sheriff is satisfied that there are good |
| |
reasons for not doing so. |
| |
(8) | The remuneration of an assessor appointed by virtue of subsection (7) is to be |
| |
at a rate determined by the Lord President of the Court of Session. |
| 10 |
| |
(1) | A claim is within this section if it relates to the act of an immigration authority |
| |
in taking a relevant decision and— |
| |
(a) | the question whether the act is a contravention of Part 3 has been or |
| |
could be raised on an appeal which is pending, or could be brought, |
| 15 |
under the immigration provisions, or |
| |
(b) | it has been decided on an appeal under those provisions that the act is |
| |
not a contravention of Part 3. |
| |
(2) | The relevant decision is not— |
| |
(a) | subject to challenge in proceedings on a claim within section 110(1)(a), |
| 20 |
| |
(b) | affected by the decision of a court in such proceedings. |
| |
(3) | For the purposes of subsection (1)(a) a power to grant permission to appeal out |
| |
| |
(4) | Each of the following is an immigration authority— |
| 25 |
(a) | the Secretary of State; |
| |
(b) | an immigration officer; |
| |
(c) | a person responsible for the grant or refusal of entry clearance (within |
| |
the meaning of section 33(1) of the Immigration Act 1971 (c. 77)). |
| |
(5) | The immigration provisions are— |
| 30 |
(a) | the Special Immigration Appeals Commission Act 1997 (c. 68), or |
| |
(b) | Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41). |
| |
(6) | A relevant decision is— |
| |
(a) | a decision under the Immigration Acts relating to the entitlement of a |
| |
person to enter or remain in the United Kingdom; |
| 35 |
(b) | a decision on an appeal under the immigration provisions relating to a |
| |
decision within paragraph (a). |
| |
(7) | An appeal is pending if it is pending for the purposes of section 104 of the |
| |
Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the |
| |
purposes of that section as it is applied by section 2(2)(j) of the Special |
| 40 |
Immigration Appeals Commission Act 1997. |
| |
| |
(1) | A claim is within this section if it may be made to— |
| |
|
| |
|
| |
|
(a) | the First-tier Tribunal in accordance with Part 2 of Schedule 17, |
| |
(b) | the Special Educational Needs Tribunal for Wales in accordance with |
| |
Part 2 of that Schedule, or |
| |
(c) | an Additional Support Needs Tribunal for Scotland in accordance with |
| |
| 5 |
(2) | A claim is also within this section if it must be made in accordance with appeal |
| |
arrangements within the meaning of Part 4 of that Schedule. |
| |
(3) | Schedule 17 (disabled pupils: enforcement) has effect. |
| |
| |
(1) | Rules of court may, in relation to proceedings on a claim within section 110, |
| 10 |
confer power as mentioned in subsections (2) to (4); but a power so conferred |
| |
is exercisable only if the court thinks it expedient to do so in the interests of |
| |
| |
(2) | The rules may confer power to exclude from all or part of the proceedings— |
| |
(a) | the claimant or pursuer; |
| 15 |
(b) | a representative of the claimant or pursuer; |
| |
| |
(3) | The rules may confer power to permit a claimant, pursuer or representative |
| |
who has been excluded to make a statement to the court before the |
| |
commencement of the proceedings, or part of the proceedings, to which the |
| 20 |
| |
(4) | The rules may confer power to take steps to keep secret all or part of the |
| |
reasons for the court’s decision. |
| |
(5) | The Attorney General or, in Scotland, the Advocate General for Scotland may |
| |
appoint a person to represent the interests of a claimant or pursuer in, or in any |
| 25 |
part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b) |
| |
| |
(6) | A person (P) may be appointed under subsection (5) only if— |
| |
(a) | in relation to proceedings in England and Wales, P is a person who, for |
| |
the purposes of the Legal Services Act 2007, is an authorised person in |
| 30 |
relation to an activity which constitutes the exercise of a right of |
| |
audience or the conduct of litigation; |
| |
(b) | in relation to proceedings in Scotland, P is an advocate or qualified to |
| |
practice as a solicitor in Scotland. |
| |
(7) | P is not responsible to the person whose interests P is appointed to represent. |
| 35 |
| |
(1) | Proceedings on a claim within section 110 may not be brought after the end |
| |
| |
(a) | the period of 6 months starting with the date of the act to which the |
| |
| 40 |
(b) | such other period as the county court or sheriff thinks just and |
| |
| |
|
| |
|
| |
|
(2) | If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months” |
| |
there were substituted “9 months”. |
| |
(3) | This subsection applies if— |
| |
(a) | the claim relates to the act of a qualifying institution, and |
| |
(b) | a complaint relating to the act is referred under the student complaints |
| 5 |
scheme before the end of the period of 6 months starting with the date |
| |
| |
(4) | This subsection applies if— |
| |
(a) | the claim relates to a dispute referred for conciliation in pursuance of |
| |
arrangements under section 27 of the Equality Act 2006 (c. 3), and |
| 10 |
(b) | subsection (3) does not apply. |
| |
(5) | If it has been decided under the immigration provisions that the act of an |
| |
immigration authority in taking a relevant decision is a contravention of Part 3 |
| |
(services and public functions), subsection (1) has effect as if for paragraph (a) |
| |
| 15 |
“(a) | the period of 6 months starting with the day after the expiry of |
| |
the period during which, as a result of section 110(2), |
| |
proceedings could not be brought in reliance on section |
| |
| |
(6) | For the purposes of this section— |
| 20 |
(a) | conduct extending over a period is to be treated as done at the end of |
| |
| |
(b) | failure to do a thing is to be treated as occurring when the person in |
| |
| |
(7) | In the absence of evidence to the contrary, a person (P) is to be taken to decide |
| 25 |
on failure to do a thing— |
| |
(a) | when P does an act inconsistent with doing the thing, or |
| |
(b) | if P does no inconsistent act, on the expiry of the period in which P |
| |
might reasonably have been expected to do the thing. |
| |
| 30 |
“immigration authority”, “immigration provisions” and “relevant |
| |
decision” each have the meaning given in section 111; |
| |
“qualifying institution” has the meaning given by section 11 of the Higher |
| |
Education Act 2004 (c. 8); |
| |
“the student complaints scheme” means a scheme for the review of |
| 35 |
qualifying complaints (within the meaning of section 12 of that Act) |
| |
that is provided by the designated operator (within the meaning of |
| |
section 13(5)(b) of that Act). |
| |
| |
(1) | This section applies if a county court or the sheriff finds that there has been a |
| 40 |
contravention of a provision referred to in section 110(1). |
| |
(2) | The county court has power to grant any remedy which could be granted by |
| |
| |
(a) | in proceedings in tort; |
| |
(b) | on a claim for judicial review. |
| 45 |
|
| |
|