Equality Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Government Equalities Office, are
published separately as Bill 5—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Ms Harriet Harman has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Equality Bill are compatible with the Convention
rights.
Bill 5
54/5
Contents
Part 1
Socio-economic inequalities
1
Public sector duty regarding socio-economic inequalities
2
Power to amend section 1
3
Enforcement
Part 2
Equality: key concepts
Chapter 1
Protected characteristics
4
The protected characteristics
5
Age
6
Disability
7
Gender reassignment
8
Marriage and civil partnership
9
Race
10
Religion or belief
11
Sex
12
Sexual orientation
Chapter 2
Prohibited conduct
Discrimination
13
Direct discrimination
14
Combined discrimination: dual characteristics
15
Discrimination arising from disability
16
Gender reassignment discrimination: cases of absence from work
17
Pregnancy and maternity discrimination: non-work cases
18
Pregnancy and maternity discrimination: work cases
ii
19
Indirect discrimination
Adjustments for disabled persons
20
Duty to make adjustments
21
Failure to comply with duty
22
Regulations
Discrimination: supplementary
23
Comparison by reference to circumstances
24
References to particular strands of discrimination
Other prohibited conduct
25
Harassment
26
Victimisation
Part 3
Services and public functions
Preliminary
27
Application of this Part
Provision of services, etc.
28
Supplementary
29
Ships and hovercraft
30
Interpretation and exceptions
Part 4
Premises
31
Disposal and management
32
Disposals, etc.
33
Permission for disposal
34
Management
Reasonable adjustments
35
Leasehold and commonhold premises and common parts
iii
36
Part 5
Work
Employment, etc.
Employees
37
Employees and applicants
38
Employees and applicants: harassment
39
Contract workers
Police officers
40
Identity of employer
41
Interpretation
Partners
42
Partnerships
43
Limited liability partnerships
44
The Bar
45
Barristers
46
Advocates
Office-holders
47
Personal offices: appointments, etc.
48
Public offices: appointments, etc.
49
Public offices: recommendations for appointments, etc.
50
Qualifications
51
Qualifications bodies
52
Employment services
53
Employment service-providers
54
Trade organisations
55
iv
Local authority members
56
Official business of members
57
Occupational pension schemes
58
Non-discrimination rule
59
Non-discrimination alterations
60
Communications
Chapter 3
Equality of terms
Sex equality
61
Relevant types of work
62
Equal work
63
Sex equality clause
64
Sex equality rule
65
Sex equality rule: consequential alteration of schemes
66
Defence of material factor
67
Exclusion of sex discrimination provisions
68
Sex discrimination in relation to contractual pay
Pregnancy and maternity equality
69
70
Maternity equality clause
71
Maternity equality clause: pay
72
Maternity equality rule
73
Exclusion of pregnancy and maternity discrimination provisions
Disclosure of information
74
Discussions with colleagues
75
Gender pay gap information
76
Colleagues
77
Chapter 4
78
79
Offshore work
80
v
Part 6
Education
Schools
81
Application of this Chapter
82
Pupils: admission and treatment, etc.
83
Victimisation of pupils, etc. for conduct of parents, etc.
84
Application of certain powers under Education Act 1996
85
Disabled pupils: accessibility
86
Further and higher education
87
88
Students: admission and treatment, etc.
89
Further and higher education courses
90
Recreational or training facilities
91
General qualifications bodies
92
93
94
Miscellaneous
95
96
Educational charities and endowments
Part 7
Associations
97
Membership, etc.
98
Members and associates
99
Guests
100
Sections 98 and 99: further provision