|
| |
|
(6) | For the purposes of sub-paragraph (3)(b), a person is to be treated as having |
| |
worked for A during any period in which the person worked for a person |
| |
| |
(a) | that period counts as a period of employment with A as a result of |
| |
section 218 of the Employment Rights Act 1996 (c. 18), or |
| 5 |
(b) | if sub-paragraph (a) does not apply, that period is treated as a period |
| |
of employment by an enactment pursuant to which the person’s |
| |
employment was transferred to A. |
| |
(7) | For the purposes of this paragraph, the reference to a benefit, facility or |
| |
service does not include a reference to a benefit, facility or service which may |
| 10 |
be provided only by virtue of a person’s ceasing to work. |
| |
The national minimum wage: young workers |
| |
11 (1) | It is not an age contravention for a person to pay a young worker (A) at a |
| |
lower rate than that at which the person pays an older worker (B) if— |
| |
(a) | the hourly rate for the national minimum wage for a person of A’s |
| 15 |
age is lower than that for a person of B’s age, and |
| |
(b) | the rate at which A is paid is below the single hourly rate. |
| |
(2) | A young worker is a person who qualifies for the national minimum wage |
| |
at a lower rate than the single hourly rate; and an older worker is a person |
| |
who qualifies for the national minimum wage at a higher rate than that at |
| 20 |
which the young worker qualifies for it. |
| |
(3) | The single hourly rate is the rate prescribed under section 1(3) of the |
| |
National Minimum Wage Act 1998 (c. 39). |
| |
The national minimum wage: apprentices |
| |
12 (1) | It is not an age contravention for a person to pay an apprentice who does not |
| 25 |
qualify for the national minimum wage at a lower rate than the person pays |
| |
| |
(2) | An apprentice is a person who— |
| |
(a) | is employed under a contract of apprenticeship, or |
| |
(b) | as a result of provision made by virtue of section 3(2)(a) of the |
| 30 |
National Minimum Wage Act 1998 (persons not qualifying), is |
| |
treated as employed under a contract of apprenticeship. |
| |
| |
13 (1) | It is not an age contravention for a person to give a qualifying employee an |
| |
enhanced redundancy payment of an amount less than that of an enhanced |
| 35 |
redundancy payment which the person gives to another qualifying |
| |
employee, if each amount is calculated on the same basis. |
| |
(2) | It is not an age contravention to give enhanced redundancy payments only |
| |
to those who are qualifying employees by virtue of sub-paragraph (3)(a) or |
| |
| 40 |
(3) | A person is a qualifying employee if the person— |
| |
(a) | is entitled to a redundancy payment as a result of section 135 of the |
| |
Employment Rights Act 1996, |
| |
|
| |
|
| |
|
(b) | agrees to the termination of the employment in circumstances where |
| |
the person would, if dismissed, have been so entitled, |
| |
(c) | would have been so entitled but for section 155 of that Act |
| |
(requirement for two years’ continuous employment), or |
| |
(d) | agrees to the termination of the employment in circumstances where |
| 5 |
the person would, if dismissed, have been so entitled but for that |
| |
| |
(4) | An enhanced redundancy payment is a payment the amount of which is, |
| |
subject to sub-paragraphs (5) and (6), calculated in accordance with section |
| |
162(1) to (3) of the Employment Rights Act 1996 (c. 18). |
| 10 |
(5) | A person making a calculation for the purposes of sub-paragraph (4)— |
| |
(a) | may treat a week’s pay as not being subject to a maximum amount; |
| |
(b) | may treat a week’s pay as being subject to a maximum amount above |
| |
that for the time being specified in section 227(1) of the Employment |
| |
| 15 |
(c) | may multiply the appropriate amount for each year of employment |
| |
by a figure of more than one. |
| |
(6) | Having made a calculation for the purposes of sub-paragraph (4) (whether |
| |
or not in reliance on sub-paragraph (5)), a person may multiply the amount |
| |
calculated by a figure of more than one. |
| 20 |
(7) | In sub-paragraph (5), “the appropriate amount” has the meaning given in |
| |
section 162 of the Employment Rights Act 1996, and “a week’s pay” is to be |
| |
read with Chapter 2 of Part 14 of that Act. |
| |
(8) | For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant |
| |
date” in subsection (1)(a) of section 162 of that Act is, in the case of a person |
| 25 |
who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be |
| |
read as reference to the date of the termination of the employment. |
| |
| |
14 (1) | This paragraph applies if a person (A) takes early retirement because of ill |
| |
| 30 |
(2) | It is not an age contravention to provide A with life assurance cover for the |
| |
period starting when A retires and ending— |
| |
(a) | if there is a normal retirement age, when A attains the normal |
| |
| |
(b) | in any other case, when A attains the age of 65. |
| 35 |
(3) | The normal retirement age in relation to A is the age at which, when A |
| |
retires, persons holding comparable positions in the same undertaking are |
| |
normally required to retire. |
| |
| |
15 (1) | A person does not contravene a relevant provision, so far as relating to age, |
| 40 |
only by providing, or making arrangements for or facilitating the provision |
| |
of, care for children of a particular age group. |
| |
(2) | The relevant provisions are— |
| |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| 5 |
| |
| |
| |
| |
(3) | Facilitating the provision of care for a child includes— |
| 10 |
(a) | paying for some or all of the cost of the provision; |
| |
(b) | helping a parent of the child to find a suitable person to provide care |
| |
| |
(c) | enabling a parent of the child to spend more time providing care for |
| |
the child or otherwise assisting the parent with respect to the care |
| 15 |
that the parent provides for the child. |
| |
(4) | A child is a person who has not attained the age of 17. |
| |
(5) | A reference to care includes a reference to supervision. |
| |
Contributions to personal pension schemes |
| |
16 (1) | A Minister of the Crown may by order provide that it is not an age |
| 20 |
contravention for an employer to maintain or use, with respect to |
| |
contributions to personal pension schemes, practices, actions or decisions |
| |
relating to age which are of a specified description. |
| |
(2) | An order authorising the use of practices, actions or decisions which are not |
| |
in use before the order comes into force must not be made unless the |
| 25 |
Minister consults such persons as the Minister thinks appropriate. |
| |
(3) | “Personal pension scheme” has the meaning given in section 1 of the Pension |
| |
Schemes Act 1993; and “employer”, in relation to a personal pension scheme, |
| |
has the meaning given in section 318(1) of the Pensions Act 2004. |
| |
| 30 |
| |
Non-contractual payments to women on maternity leave |
| |
17 (1) | A person does not contravene section 39(1)(b) or (2), so far as relating to |
| |
pregnancy and maternity, by depriving a woman who is on maternity leave |
| |
of any benefit from the terms of her employment relating to pay. |
| 35 |
(2) | The reference in sub-paragraph (1) to benefit from the terms of a woman’s |
| |
employment relating to pay does not include a reference to— |
| |
(a) | maternity-related pay (including maternity-related pay that is |
| |
| |
(b) | pay (including increase-related pay) in respect of times when she is |
| 40 |
not on maternity leave, or |
| |
(c) | pay by way of bonus in respect of times when she is on compulsory |
| |
| |
|
| |
|
| |
|
(3) | For the purposes of sub-paragraph (2), pay is increase-related in so far as it |
| |
is to be calculated by reference to increases in pay that the woman would |
| |
have received had she not been on maternity leave. |
| |
(4) | A reference to terms of her employment is a reference to terms of her |
| |
employment that are not in her contract of employment, her contract of |
| 5 |
apprenticeship or her contract to do work personally. |
| |
(5) | “Pay” means benefits— |
| |
(a) | that consist of the payment of money to an employee by way of |
| |
| |
(b) | that are not benefits whose provision is regulated by the contract |
| 10 |
referred to in sub-paragraph (4). |
| |
(6) | “Maternity-related pay” means pay to which a woman is entitled— |
| |
(a) | as a result of being pregnant, or |
| |
(b) | in respect of times when she is on maternity leave. |
| |
Benefits dependent on marital status, etc. |
| 15 |
18 (1) | A person does not contravene this Part of this Act, so far as relating to sexual |
| |
orientation, by doing anything which prevents or restricts a person who is |
| |
not married from having access to a benefit, facility or service— |
| |
(a) | the right to which accrued before 5 December 2005 (the day on which |
| |
section 1 of the Civil Partnership Act 2004 (c. 33) came into force), or |
| 20 |
(b) | which is payable in respect of periods of service before that date. |
| |
(2) | A person does not contravene this Part of this Act, so far as relating to sexual |
| |
orientation, by providing married persons and civil partners (to the |
| |
exclusion of all other persons) with access to a benefit, facility or service. |
| |
Provision of services etc. to the public |
| 25 |
19 (1) | A does not contravene a provision mentioned in sub-paragraph (2) in |
| |
relation to the provision of a benefit, facility or service to B if A is concerned |
| |
with the provision (for payment or not) of a benefit, facility or service of the |
| |
same description to the public. |
| |
| 30 |
(a) | section 39(2) and (4); |
| |
(b) | section 41(1) and (3); |
| |
(c) | sections 44(2) and (6) and 45(2) and (6); |
| |
(d) | sections 49(6) and (8) and 50(6), (7), (9) and (10). |
| |
(3) | Sub-paragraph (1) does not apply if— |
| 35 |
(a) | the provision by A to the public differs in a material respect from the |
| |
provision by A to comparable persons, |
| |
(b) | the provision to B is regulated by B’s terms, or |
| |
(c) | the benefit, facility or service relates to training. |
| |
(4) | “Comparable persons” means— |
| 40 |
(a) | in relation to section 39(2) or (4), the other employees; |
| |
(b) | in relation to section 41(1) or (3), the other contract workers supplied |
| |
| |
(c) | in relation to section 44(2) or (6), the other partners of the firm; |
| |
|
| |
|
| |
|
(d) | in relation to section 45(2) or (6), the other members of the LLP; |
| |
(e) | in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons |
| |
holding offices or posts not materially different from that held by B. |
| |
| |
(a) | the terms of B’s employment, |
| 5 |
(b) | the terms on which the principal allows B to do the contract work, |
| |
(c) | the terms on which B has the position as a partner or member, or |
| |
(d) | the terms of B’s appointment to the office. |
| |
(6) | A reference to the public includes a reference to a section of the public which |
| |
| 10 |
Insurance contracts, etc. |
| |
20 (1) | It is not a contravention of this Part, so far as relating to relevant |
| |
discrimination, to do anything in relation to an annuity, life insurance |
| |
policy, accident insurance policy or similar matter involving the assessment |
| |
| 15 |
(a) | the thing is done by reference to actuarial or other data from a source |
| |
on which it is reasonable to rely, and |
| |
(b) | it is reasonable to do the thing. |
| |
(2) | “Relevant discrimination” is— |
| |
(a) | gender reassignment discrimination; |
| 20 |
(b) | marriage and civil partnership discrimination; |
| |
(c) | pregnancy and maternity discrimination; |
| |
| |
| |
| |
Accessibility for disabled pupils |
| 25 |
| |
1 (1) | A local authority in England and Wales must, in relation to schools for which |
| |
it is the responsible body, prepare— |
| |
(a) | an accessibility strategy; |
| |
(b) | further such strategies at such times as may be prescribed. |
| 30 |
(2) | An accessibility strategy is a strategy for, over a prescribed period— |
| |
(a) | increasing the extent to which disabled pupils can participate in the |
| |
| |
(b) | improving the physical environment of the schools for the purpose |
| |
of increasing the extent to which disabled pupils are able to take |
| 35 |
advantage of education and benefits, facilities or services provided |
| |
or offered by the schools; |
| |
(c) | improving the delivery to disabled pupils of information which is |
| |
readily accessible to pupils who are not disabled. |
| |
(3) | The delivery in sub-paragraph (2)(c) must be— |
| 40 |
(a) | within a reasonable time; |
| |
|
| |
|
| |
|
(b) | in ways which are determined after taking account of the pupils’ |
| |
disabilities and any preferences expressed by them or their parents. |
| |
(4) | An accessibility strategy must be in writing. |
| |
(5) | A local authority must keep its accessibility strategy under review during |
| |
the period to which it relates and, if necessary, revise it. |
| 5 |
(6) | A local authority must implement its accessibility strategy. |
| |
2 (1) | In preparing its accessibility strategy, a local authority must have regard |
| |
| |
(a) | the need to allocate adequate resources for implementing the |
| |
| 10 |
(b) | guidance as to the matters mentioned in sub-paragraph (3). |
| |
(2) | The authority must also have regard to guidance as to compliance with |
| |
| |
| |
(a) | the content of an accessibility strategy; |
| 15 |
(b) | the form in which it is to be produced; |
| |
(c) | persons to be consulted in its preparation. |
| |
(4) | Guidance may be issued— |
| |
(a) | for England, by a Minister of the Crown; |
| |
(b) | for Wales, by the Welsh Ministers. |
| 20 |
(5) | A local authority must, if asked, make a copy of its accessibility strategy |
| |
available for inspection at such reasonable times as it decides. |
| |
(6) | A local authority in England must, if asked by a Minister of the Crown, give |
| |
the Minister a copy of its accessibility strategy. |
| |
(7) | A local authority in Wales must, if asked by the Welsh Ministers, give them |
| 25 |
a copy of its accessibility strategy. |
| |
| |
3 (1) | The responsible body of a school in England and Wales must prepare— |
| |
(a) | an accessibility plan; |
| |
(b) | further such plans at such times as may be prescribed. |
| 30 |
(2) | An accessibility plan is a plan for, over a prescribed period— |
| |
(a) | increasing the extent to which disabled pupils can participate in the |
| |
| |
(b) | improving the physical environment of the school for the purpose of |
| |
increasing the extent to which disabled pupils are able to take |
| 35 |
advantage of education and benefits, facilities or services provided |
| |
or offered by the school, and |
| |
(c) | improving the delivery to disabled pupils of information which is |
| |
readily accessible to pupils who are not disabled. |
| |
(3) | The delivery in sub-paragraph (2)(c) must be— |
| 40 |
(a) | within a reasonable time; |
| |
(b) | in ways which are determined after taking account of the pupils’ |
| |
disabilities and any preferences expressed by them or their parents. |
| |
|
| |
|
| |
|
(4) | An accessibility plan must be in writing. |
| |
(5) | The responsible body must keep its accessibility plan under review during |
| |
the period to which it relates and, if necessary, revise it. |
| |
(6) | The responsible body must implement its accessibility plan. |
| |
(7) | A relevant inspection may extend to the performance by the responsible |
| 5 |
body of its functions in relation to the preparation, publication, review, |
| |
revision and implementation of its accessibility plan. |
| |
(8) | A relevant inspection is an inspection under— |
| |
(a) | Part 1 of the Education Act 2005 (c. 18), or |
| |
(b) | Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation |
| 10 |
and inspection of independent education provision in England). |
| |
4 (1) | In preparing an accessibility plan, the responsible body must have regard to |
| |
the need to allocate adequate resources for implementing the plan. |
| |
(2) | The proprietor of an independent educational institution (other than an |
| |
Academy) must, if asked, make a copy of the school’s accessibility plan |
| 15 |
available for inspection at such reasonable times as the proprietor decides. |
| |
(3) | The proprietor of an independent educational institution in England (other |
| |
than an Academy) must, if asked by a Minister of the Crown, give the |
| |
Minister a copy of the school’s accessibility plan. |
| |
(4) | The proprietor of an independent school in Wales (other than an Academy) |
| 20 |
must, if asked by the Welsh Ministers, give them a copy of the school’s |
| |
| |
| |
5 (1) | This sub-paragraph applies if the appropriate authority is satisfied (whether |
| |
or not on a complaint) that a responsible body— |
| 25 |
(a) | has acted or is proposing to act unreasonably in the discharge of a |
| |
duty under this Schedule, or |
| |
(b) | has failed to discharge such a duty. |
| |
(2) | This sub-paragraph applies if the appropriate authority is satisfied (whether |
| |
or not on a complaint) that a responsible body of a school specified in sub- |
| 30 |
| |
(a) | has acted or is proposing to act unreasonably in the discharge of a |
| |
duty the body has in relation to the provision to the authority of |
| |
copies of the body’s accessibility plan or the inspection of that plan, |
| |
| 35 |
(b) | has failed to discharge the duty. |
| |
| |
(a) | schools approved under section 342 of the Education Act 1996 (c. 56) |
| |
(non-maintained special schools); |
| |
| 40 |
(4) | This sub-paragraph applies if a Tribunal has made an order under |
| |
paragraph 5 of Schedule 17 and the appropriate authority is satisfied |
| |
(whether or not on a complaint) that the responsible body concerned— |
| |
|
| |
|