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Lords Amendments to the Equality Bill |
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[The page and line references are to HL Bill 20, the bill as first printed for the Lords.] |
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1 | Page 6, line 7, at end insert— |
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| “(5) | A Minister of the Crown may by order— |
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| (a) | amend this section so as to provide for caste to be an aspect of race; |
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| (b) | amend this Act so as to provide for an exception to a provision of |
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| this Act to apply, or not to apply, to caste or to apply, or not to |
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| apply, to caste in specified circumstances. |
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| (6) | The power under section 199(4)(b), in its application to subsection (5), |
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| includes power to amend this Act.” |
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2 | Page 8, line 41, leave out “Chapter 2 of” |
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3 | Page 10, line 41, at end insert— |
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| “( ) | Where the first or third requirement relates to the provision of information, |
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| the steps which it is reasonable for A to have to take include steps for |
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| ensuring that in the circumstances concerned the information is provided |
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| in an accessible format.” |
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4 | Page 10, line 41, at end insert— |
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| “( ) | A person (A) who is subject to a duty to make reasonable adjustments is not |
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| (subject to express provision to the contrary) entitled to require a disabled |
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| person, in relation to whom A is required to comply with the duty, to pay |
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| to any extent A’s costs of complying with the duty.” |
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5 | Page 10, line 43, at end insert— |
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| “( ) | In relation to the second requirement, a reference in this section or an |
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| applicable Schedule to avoiding a substantial disadvantage includes a |
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| (a) | removing the physical feature in question, |
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| (c) | providing a reasonable means of avoiding it.” |
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6 | Page 40, line 10, leave out subsections (1) to (4) and insert— |
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| “(1) | A person (A) to whom an application for work is made must not ask about |
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| the health of the applicant (B)— |
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| (a) | before offering work to B, or |
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| (b) | where A is not in a position to offer work to B, before including B in |
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| a pool of applicants from whom A intends (when in a position to do |
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| so) to select a person to whom to offer work. |
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| (2) | A contravention of subsection (1) (or a contravention of section 110 or 111 |
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| that relates to a contravention of subsection (1)) is enforceable as an |
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| unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section |
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| 119(8), is enforceable only by the Commission under that Part). |
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| (3) | A does not contravene a relevant disability provision merely by asking |
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| about B’s health; but A’s conduct in reliance on information given in |
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| response may be a contravention of a relevant disability provision. |
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| (4) | Subsection (4A) applies if B brings proceedings before an employment |
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| tribunal on a complaint that A’s conduct in reliance on information given |
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| in response to a question about B’s health is a contravention of a relevant |
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| (4A) | In the application of section 135 to the proceedings, the particulars of the |
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| complaint are to be treated for the purposes of subsection (2) of that section |
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| as facts from which the tribunal could decide that A contravened the |
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7 | Page 40, line 33, at beginning insert “establishing whether B will be able to comply |
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| with a requirement to undergo an assessment or” |
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8 | Page 40, line 35, at end insert— |
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| “(aa) | establishing whether B will be able to carry out a function that is |
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| intrinsic to the work concerned,” |
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9 | Page 40, line 42, at end insert— |
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| “( ) | In subsection (5)(aa), where A reasonably believes that a duty to make |
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| reasonable adjustments would be imposed on A in relation to B in |
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| connection with the work, the reference to a function that is intrinsic to the |
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| work is to be read as a reference to a function that would be intrinsic to the |
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| work once A complied with the duty.” |
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10 | Page 41, line 6, leave out from “the” to third “to” in line 8 and insert “references in |
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| subsection (1) to offering a person work are, in relation to contract work, to be read |
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| as references to allowing a person” |
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11 | Page 41, line 8, at end insert— |
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| “( ) | A reference to offering work is a reference to making a conditional or |
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| unconditional offer of work (and, in relation to contract work, is a reference |
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| to allowing a person to do the work subject to fulfilment of one or more |
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12 | Page 41, line 20, at end insert— |
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| “( ) | An assessment is an interview or other process designed to give an |
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| indication of a person’s suitability for the work concerned.” |
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13 | Page 41, line 25, leave out subsection (11) |
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14 | Page 43, line 17, leave out “colleague” and insert “comparator” |
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15 | Page 43, line 19, leave out “colleague” and insert “comparator” |
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16 | Page 43, line 19, at end insert— |
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| “(2) | The references in subsection (1) to the work that B does are not restricted to |
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| work done contemporaneously with the work done by A.” |
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17 | Page 45, line 32, leave out from “factor” to end of line 34 and insert “reliance on |
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| (a) | does not involve treating A less favourably because of A’s sex than |
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| the responsible person treats B, and |
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| (b) | if the factor is within subsection (2), is a proportionate means of |
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| achieving a legitimate aim.” |
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18 | Page 45, leave out lines 39 to 41 |
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19 | Page 46, line 1, leave out “(2)” and insert “(1)” |
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20 | Page 49, line 31, leave out from “that” to end of line 33 and insert “purports to |
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| prevent or restrict the person (P) from disclosing or seeking to disclose information |
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| about the terms of P’s work is unenforceable against P in so far as P makes or seeks |
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| to make a relevant pay disclosure.” |
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21 | Page 49, line 33, at end insert— |
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| “( ) | A term of a person’s work that purports to prevent or restrict the person (P) |
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| from seeking disclosure of information from a colleague about the terms of |
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| the colleague’s work is unenforceable against P in so far as P seeks a |
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| relevant pay disclosure from the colleague; and “colleague” includes a |
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| former colleague in relation to the work in question.” |
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22 | Page 49, line 34, leave out from “A” to “whether” in line 36 and insert “disclosure |
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| is a relevant pay disclosure if made for the purpose of enabling the person who |
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| makes it, or the person to whom it is made, to find out” |
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23 | Page 49, line 39, leave out subsections (3) and (4) and insert— |
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| “( ) | The following are to be treated as protected acts for the purposes of the |
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| relevant victimisation provision— |
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| (a) | seeking a disclosure that would be a relevant pay disclosure; |
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| (b) | making or seeking to make a relevant pay disclosure; |
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| (c) | receiving information disclosed in a relevant pay disclosure.” |
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24 | Page 50, line 14, leave out subsection (6) |
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25 | Page 51, line 6, leave out “colleague of A’s only” and insert “comparator” |
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26 | Page 51, line 15, leave out “colleague of A’s only” and insert “comparator” |
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27 | Page 51, line 18, leave out “colleague of A’s only” and insert “comparator” |
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28 | Page 51, line 24, leave out “colleague of A’s only” and insert “comparator” |
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29 | Page 54, line 33, leave out paragraph (c) |
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30 | Page 58, line 10, at end insert— |
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| “(2A) | The responsible body of such an institution must not discriminate against |
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| (a) | in the arrangements it makes for deciding upon whom to confer a |
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| (b) | as to the terms on which it is prepared to confer a qualification on |
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| (c) | by not conferring a qualification on the person; |
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| (d) | by withdrawing a qualification from the person or varying the |
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| terms on which the person holds it. |
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| (2B) | Subsection (2A) applies only to disability discrimination. |
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31 | Page 58, line 13, at end insert— |
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| “( ) | a disabled person who holds or has applied for a qualification |
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| conferred by the institution.” |
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32 | Page 58, line 25, at end insert— |
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| “( ) | The responsible body of such an institution must not victimise a disabled |
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| (a) | in the arrangements it makes for deciding upon whom to confer a |
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| (b) | as to the terms on which it is prepared to confer a qualification on |
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| (c) | by not conferring a qualification on the person; |
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| (d) | by withdrawing a qualification from the person or varying the |
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| terms on which the person holds it.” |
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33 | Page 62, line 36, leave out “desirability of minimising” and insert “need to |
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