Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
22

(6)
A reference to a tenancy is to a tenancy created (whether before or after the
passing of this Act)—
(a)
by a lease or sub-lease,
(b)
by an agreement for a lease or sub-lease,
(c)
by a tenancy agreement, or
5
(d)
in pursuance of an enactment,

and a reference to a tenant is to be construed accordingly.
(7)
A reference to commonhold land, a commonhold association, a commonhold
community statement, a commonhold unit or a unit-holder is to be construed
in accordance with the Commonhold and Leasehold Reform Act 2002.
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(8)
Schedule 4 (reasonable adjustments) has effect.
(9)
Schedule 5 (exceptions) has effect.
Part 5
Work
Chapter 1
15
Employment, etc.
Employees
39
Employees and applicants
(1)
An employer (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
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employment;
(b)
as to the terms on which A offers B employment;
(c)
by not offering B employment.
(2)
An employer (A) must not discriminate against an employee of A’s (B)—
(a)
as to B’s terms of employment;
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(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by dismissing B;
(d)
by subjecting B to any other detriment.
30
(3)
An employer (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
employment;
(b)
as to the terms on which A offers B employment;
(c)
by not offering B employment.
35
(4)
An employer (A) must not victimise an employee of A’s (B)—
(a)
as to B’s terms of employment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for any other
benefit, facility or service;
40

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
23

(c)
by dismissing B;
(d)
by subjecting B to any other detriment.
(5)
A duty to make reasonable adjustments applies to an employer.
(6)
Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
5
(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
terms including that term amounts to a contravention of subsection
(1)(b) by virtue of section 13, 14 or 18.
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(7)
In subsections (2)(c) and (4)(c), the reference to dismissing B includes a
reference to the termination of B’s employment—
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
(b)
by an act of B’s (including giving notice) in circumstances such that B is
15
entitled, because of A’s conduct, to terminate the employment without
notice.
(8)
Subsection (7)(a) does not apply if, immediately after the termination, the
employment is renewed on the same terms.
40
Employees and applicants: harassment
20
(1)
An employer (A) must not, in relation to employment by A, harass a person
(B)—
(a)
who is an employee of A’s;
(b)
who has applied to A for employment.
(2)
The circumstances in which A is to be treated as harassing B under subsection
25
(1) include those where—
(a)
a third party harasses B in the course of B’s employment, and
(b)
A failed to take such steps as would have been reasonably practicable
to prevent the third party from doing so.
(3)
Subsection (2) does not apply unless A knows that B has been harassed in the
30
course of B’s employment on at least two other occasions by a third party; and
it does not matter whether the third party is the same or a different person on
each occasion.
(4)
A third party is a person other than—
(a)
A, or
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(b)
an employee of A’s.
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Contract workers
(1)
A principal must not discriminate against a contract worker—
(a)
as to the terms on which the principal allows the worker to do the work;
(b)
by not allowing the worker to do, or to continue to do, the work;
40
(c)
in the way the principal affords the worker access, or by not affording
the worker access, to opportunities for receiving a benefit, facility or
service;
(d)
by subjecting the worker to any other detriment.

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
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(2)
A principal must not, in relation to contract work, harass a contract worker.
(3)
A principal must not victimise a contract worker—
(a)
as to the terms on which the principal allows the worker to do the work;
(b)
by not allowing the worker to do, or to continue to do, the work;
(c)
in the way the principal affords the worker access, or by not affording
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the worker access, to opportunities for receiving a benefit, facility or
service;
(d)
by subjecting the worker to any other detriment.
(4)
A duty to make reasonable adjustments applies to a principal (as well as to the
employer of a contract worker).
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(5)
A “principal” is a person who makes work available for an individual who is—
(a)
employed by another person, and
(b)
supplied by that other person in furtherance of a contract to which the
principal is a party (whether or not that other person is a party to it).
(6)
“Contract work” is work such as is mentioned in subsection (5).
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(7)
A “contract worker” is an individual supplied to a principal in furtherance of a
contract such as is mentioned in subsection (5)(b).
Police officers
42
Identity of employer
(1)
For the purposes of this Part, holding the office of constable is to be treated as
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employment—
(a)
by the chief officer, in respect of any act done by the chief officer in
relation to a constable or appointment to the office of constable;
(b)
by the responsible authority, in respect of any act done by the authority
in relation to a constable or appointment to the office of constable.
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(2)
For the purposes of this Part, holding an appointment as a police cadet is to be
treated as employment—
(a)
by the chief officer, in respect of any act done by the chief officer in
relation to a police cadet or appointment as one;
(b)
by the responsible authority, in respect of any act done by the authority
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in relation to a police cadet or appointment as one.
(3)
Subsection (1) does not apply to service with the Civil Nuclear Constabulary
(as to which, see section 55(2) of the Energy Act 2004).
(4)
Subsection (1) does not apply to a constable at SOCA, SPSA or SCDEA.
(5)
A constable at SOCA or SPSA is to be treated as employed by it, in respect of
35
any act done by it in relation to the constable.
(6)
A constable at SCDEA is to be treated as employed by the Director General of
SCDEA, in respect of any act done by the Director General in relation to the
constable.
43
Interpretation
40
(1)
This section applies for the purposes of section 42.

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
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(2)
“Chief officer” means—
(a)
in relation to an appointment under a relevant Act, the chief officer of
police for the police force to which the appointment relates;
(b)
in relation to any other appointment, the person under whose direction
and control the body of constables or other persons to which the
5
appointment relates is;
(c)
in relation to a constable or other person under the direction and
control of a chief officer of police, that chief officer of police;
(d)
in relation to any other constable or any other person, the person under
whose direction and control the constable or other person is.
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(3)
“Responsible authority” means—
(a)
in relation to an appointment under a relevant Act, the police authority
that maintains the police force to which the appointment relates;
(b)
in relation to any other appointment, the person by whom a person
would (if appointed) be paid;
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(c)
in relation to a constable or other person under the direction and
control of a chief officer of police, the police authority that maintains
the police force for which that chief officer is the chief officer of police;
(d)
in relation to any other constable or any other person, the person by
whom the constable or other person is paid.
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(4)
“Police cadet” means a person appointed to undergo training with a view to
becoming a constable.
(5)
“SOCA” means the Serious Organised Crime Agency; and a reference to a
constable at SOCA is a reference to a constable seconded to it to serve as a
member of its staff.
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(6)
“SPSA” means the Scottish Police Services Authority; and a reference to a
constable at SPSA is a reference to a constable—
(a)
seconded to it to serve as a member of its staff, and
(b)
not at SCDEA.
(7)
“SCDEA” means the Scottish Crime and Drugs Enforcement Agency; and a
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reference to a constable at SCDEA is a reference to a constable who is a police
member of it by virtue of paragraph 7(2)(a) or (b) of Schedule 2 to the Police,
Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (secondment).
(8)
For the purposes of this section, the relevant Acts are—
(a)
the Metropolitan Police Act 1829 (c. 44);
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(b)
the City of London Police Act 1839 (2 & 3 Vict. c.xciv);
(c)
the Police (Scotland) Act 1967 (c. 77);
(d)
the Police Act 1996 (c. 16).
(9)
A reference in subsection (2) or (3) to a chief officer of police includes, in
relation to Scotland, a reference to a chief constable.
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Partners
44
Partnerships
(1)
A firm or proposed firm must not discriminate against a person—

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
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(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
(c)
by not offering the person a position as a partner.
(2)
A firm (A) must not discriminate against a partner (B)—
5
(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
10
(d)
by subjecting B to any other detriment.
(3)
A firm must not, in relation to a position as a partner, harass—
(a)
a partner;
(b)
a person who has applied for the position.
(4)
A proposed firm must not, in relation to a position as a partner, harass a person
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who has applied for the position.
(5)
A firm or proposed firm must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
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(c)
by not offering the person a position as a partner.
(6)
A firm (A) must not victimise a partner (B)—
(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
25
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
a firm;
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(b)
a proposed firm.
(8)
In the application of this section to a limited partnership within the meaning of
the Limited Partnerships Act 1907 (c. 24), “partner” means a general partner
within the meaning of that Act.
45
Limited liability partnerships
35
(1)
An LLP or proposed LLP must not discriminate against a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;
(c)
by not offering the person a position as a member.
40
(2)
An LLP (A) must not discriminate against a member (B)—
(a)
as to the terms on which B is a member;

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Part 5 — Work
Chapter 1 — Employment, etc.
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(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
5
(3)
An LLP must not, in relation to a position as a member, harass—
(a)
a member;
(b)
a person who has applied for the position.
(4)
A proposed LLP must not, in relation to a position as a member, harass a
person who has applied for the position.
10
(5)
An LLP or proposed LLP must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;
(c)
by not offering the person a position as a member.
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(6)
An LLP (A) must not victimise a member (B)—
(a)
as to the terms on which B is a member;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
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(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
an LLP;
(b)
a proposed LLP.
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46
Interpretation
(1)
This section applies for the purposes of sections 44 and 45.
(2)
“Partnership” and “firm” have the same meaning as in the Partnership Act 1890
(c. 39).
(3)
“Proposed firm” means persons proposing to form themselves into a
30
partnership.
(4)
“LLP” means a limited liability partnership (within the meaning of the Limited
Liability Partnerships Act 2000 (c. 12)).
(5)
“Proposed LLP” means persons proposing to incorporate an LLP with
themselves as members.
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(6)
A reference to the expulsion of a partner of a firm or a member of an LLP
includes a reference to the termination of the person’s position as such—
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
(b)
by an act of the person (including giving notice) in circumstances such
40
that the person is entitled, because of the conduct of other partners or
members, to terminate the position without notice;
(c)
(in the case of a partner of a firm) as a result of the dissolution of the
partnership.

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Part 5 — Work
Chapter 1 — Employment, etc.
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(7)
Subsection (6)(a) and (c) does not apply if, immediately after the termination,
the position is renewed on the same terms.
The Bar
47
Barristers
(1)
A barrister (A) must not discriminate against a person (B)—
5
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
(c)
by not offering B a pupillage or tenancy.
(2)
A barrister (A) must not discriminate against a person (B) who is a pupil or
10
tenant—
(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
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(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(3)
A barrister must not, in relation to a pupillage or tenancy, harass—
(a)
the pupil or tenant;
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(b)
a person who has applied for the pupillage or tenancy.
(4)
A barrister (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
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(c)
by not offering B a pupillage or tenancy.
(5)
A barrister (A) must not victimise a person (B) who is a pupil or tenant—
(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
30
other benefit, facility or service;
(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing a barrister—
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(a)
discriminate against a barrister by subjecting the barrister to a
detriment;
(b)
harass the barrister;
(c)
victimise the barrister.
(7)
A duty to make reasonable adjustments applies to a barrister.
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(8)
The preceding provisions of this section (apart from subsection (6)) apply in
relation to a barrister’s clerk as they apply in relation to a barrister; and for that