Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 7 — Equality of terms: exceptions
Part 1 — Terms of work
160

Political setting
Office or post

An office of the Common Council of the

City of London held by a member of the

Council

Local government in
An office of a county council, county

5

Wales
borough council or community council in

Wales held by a member of the council

Local government in
An office of a council constituted under

Scotland
section 2 of the Local Government etc.

(Scotland) Act 1994 (c. 39) held by a

10

member of the council

An office of a council established under

section 51 of the Local Government

(Scotland) Act 1973 (c. 65) held by a

member of the council

15

Political parties
An office of a registered political party

      (3)
The 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 Referendums Act 2000.
Honours etc.
20
3
A life peerage (within the meaning of the Life Peerages Act 1958 (c. 21)), or
any other dignity or honour conferred by the Crown, is not a personal or
public office.
Schedule 7
Section 80

Equality of terms: exceptions
25
Part 1
Terms of work
Compliance with laws regulating employment of women, etc.
1
Neither a sex equality clause nor a maternity equality clause has effect in
relation to terms of work affected by compliance with laws regulating—
30
(a)
the employment of women;
(b)
the appointment of women to personal or public offices.
Pregnancy, etc.
2
A sex equality clause does not have effect in relation to terms of work
affording special treatment to women in connection with pregnancy or
35
childbirth.

Equality Bill
Schedule 7 — Equality of terms: exceptions
Part 2 — Occupational pension schemes
161

Part 2
Occupational pension schemes
Preliminary
3     (1)
A sex equality rule does not have effect in relation to a difference as between
men and women in the effect of a relevant matter if the difference is
5
permitted by or by virtue of this Part of this Schedule.
      (2)
“Relevant matter” has the meaning given in section 67.
State retirement pensions
4     (1)
This paragraph applies where a man and a woman are eligible, in such
circumstances as may be prescribed, to receive different amounts by way of
10
pension.
      (2)
The difference is permitted if, in prescribed circumstances, it is attributable
only to differences between men and women in the retirement benefits to
which, in prescribed circumstances, the man and woman are or would be
entitled.
15
      (3)
“Retirement benefits” are benefits under sections 43 to 55 of the Social
Security Contributions and Benefits Act 1992 (state retirement pensions).
Actuarial factors
5     (1)
A difference as between men and women is permitted if it consists of
applying to the calculation of the employer’s contributions to an
20
occupational pension scheme actuarial factors which—
(a)
differ for men and women, and
(b)
are of such description as may be prescribed.
      (2)
A difference as between men and women is permitted if it consists of
applying to the determination of benefits of such description as may be
25
prescribed actuarial factors which differ for men and women.
Power to amend
6     (1)
Regulations may amend this Part of this Schedule so as to add, vary or omit
provision about cases where a difference as between men and women in the
effect of a relevant matter is permitted.
30
      (2)
The regulations may make provision about pensionable service before the
date on which they come into force (but not about pensionable service before
17 May 1990).

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 1 — Introductory
162

Schedule 8
Section 83

Work: reasonable adjustments
Part 1
Introductory
Preliminary
5
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part of this Act.
The duty
2     (1)
A must comply with the first, second and third requirements.
      (2)
For the purposes of this paragraph—
10
(a)
the reference in section 20(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 20(4) to a physical feature is a reference to a
physical feature of premises occupied by A;
15
(c)
the reference in section 20(3) or (4) to a disabled person is to an
interested disabled person.
      (3)
In relation to the first and third requirements, a relevant matter is any matter
specified in the first column of the applicable table in Part 2 of this Schedule.
      (4)
In relation to the second requirement, a relevant matter is—
20
(a)
a matter specified in the second entry of the first column of the
applicable table in Part 2 of this Schedule, or
(b)
where there is only one entry in a column, a matter specified there.
      (5)
If two or more persons are subject to a duty to make reasonable adjustments
in relation to the same interested disabled person, each of them must comply
25
with the duty so far as it is reasonable for each of them to do so.
3     (1)
This paragraph applies if a duty to make reasonable adjustments is imposed
on A by section 55 (except where the employment service which A provides
is the provision of vocational training within the meaning given by section
56(6)(b)).
30
      (2)
The reference in section 20(3), (4) and (5) to a disabled person is a reference
to an interested disabled person.
      (3)
In relation to each requirement, the relevant matter is the employment
service which A provides.
      (4)
Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph
35
as it applies for the purposes of that paragraph.

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person
163

Part 2
Interested disabled person
Preliminary
4
An interested disabled person is a disabled person who, in relation to a
relevant matter, is of a description specified in the second column of the
5
applicable table in this Part of this Schedule.
Employers (see section 39)
5     (1)
This paragraph applies where A is an employer.

Relevant matter
Description of disabled person

Deciding to whom to offer
A person who is, or has notified A that

10

employment.
the person may be, an applicant for the

employment.

Employment by A.
An applicant for employment by A.

An employee of A’s.

15
      (2)
Where A is the employer of a disabled contract worker (B), A must comply
with the first, second and third requirements on each occasion when B is
supplied to a principal to do contract work.
      (3)
In relation to the first requirement (as it applies for the purposes of sub-
paragraph (2))—
20
(a)
the reference in section 20(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of all or most of the principals to whom B is or might be supplied,
(b)
the reference to being put at a substantial disadvantage is a reference
to being likely to be put at a substantial disadvantage that is the same
25
or similar in the case of each of the principals referred to in
paragraph (a), and
(c)
the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if the provision, criterion
or practice were applied by or on behalf of A.
30
      (4)
In relation to the second requirement (as it applies for the purposes of sub-
paragraph (2))—
(a)
the reference in section 20(4) to a physical feature is a reference to a
physical feature of premises occupied by each of the principals
referred to in sub-paragraph (3)(a),
35
(b)
the reference to being put at a substantial disadvantage is a reference
to being likely to be put at a substantial disadvantage that is the same
or similar in the case of each of those principals, and
(c)
the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if the premises were
40
occupied by A.

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person
164

      (5)
In relation to the third requirement (as it applies for the purposes of sub-
paragraph (2))—
(a)
the reference in section 20(5) to being put at a substantial
disadvantage is a reference to being likely to be put at a substantial
disadvantage that is the same or similar in the case of each of the
5
principals referred to in sub-paragraph (3)(a), and
(b)
the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if A were the person to
whom B was supplied.
Principals in contract work (see section 41)
10
6     (1)
This paragraph applies where A is a principal.

Relevant matter
Description of disabled person

Contract work that A may make
A person who is, or has notified A

available.
that the person may be, an applicant

to do the work.

15

Contract work that A makes
A person who is supplied to do the

available.
work.

      (2)
A is not required to do anything that a disabled person’s employer is
required to do by virtue of paragraph 5.
Partnerships (see section 44)
20
7     (1)
This paragraph applies where A is a firm or a proposed firm.

Relevant matter
Description of disabled person

Deciding to whom to offer a
A person who is, or has notified A that

position as a partner.
the person may be, a candidate for the

position.

25

A position as a partner.
A candidate for the position.

The partner who holds the position.

      (2)
Where a firm or proposed firm (A) is required by this Schedule to take a step
in relation to an interested disabled person (B)—
30
(a)
the cost of taking the step is to be treated as an expense of A;
(b)
the extent to which B should (if B is or becomes a partner) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
LLPs (see section 45)
35
8     (1)
This paragraph applies where A is an LLP or a proposed LLP.

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person
165

Relevant matter
Description of disabled person

Deciding to whom to offer a
A person who is, or has notified A that

position as a member.
the person may be, a candidate for the

position.

A position as a member.
A candidate for the position.

5

The member who holds the position.

      (2)
Where an LLP or proposed LLP (A) is required by this Schedule to take a
step in relation to an interested disabled person (B)—
(a)
the cost of taking the step is to be treated as an expense of A;
10
(b)
the extent to which B should (if B is or becomes a member) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
Barristers and their clerks (see section 47)
9
This paragraph applies where A is a barrister or barrister’s clerk.
15

Relevant matter
Description of disabled person

Deciding to whom to offer a
A person who is, or has notified A that

pupillage or tenancy.
the person may be, an applicant for the

pupillage or tenancy.

A pupillage or tenancy.
An applicant for the pupillage or

20

tenancy.

The pupil or tenant.

Advocates and their clerks (see section 48)
10
This paragraph applies where A is an advocate or advocate’s clerk.
25

Relevant matter
Description of disabled person

Deciding who to offer to take as a
A person who applies, or has notified

devil or to whom to offer
A that the person may apply, to be

membership of a stable.
taken as a devil or to become a

member of the stable.

30

The relationship with a devil or
An applicant to be taken as a devil or

membership of a stable.
to become a member of the stable.

The devil or member.

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person
166

Persons making appointments to offices etc. (see sections 49 to 51)
11
This paragraph applies where A is a person who has the power to make an
appointment to a personal or public office.

Relevant matter
Description of disabled person

Deciding to whom to offer the
A person who is, or has notified A that

5

appointment.
the person may be, seeking the

appointment.

A person who is being considered for

the appointment.

10

Appointment to the office.
A person who is seeking, or being

considered for, appointment to the

office.

12
This paragraph applies where A is a relevant person in relation to a personal
or public office.
15

Relevant matter
Description of disabled person

Appointment to the office.
A person appointed to the office.

13
This paragraph applies where A is a person who has the power to make a
recommendation for, or give approval to, an appointment to a public office.

Relevant matter
Description of disabled person

20

Deciding who to recommend or
A person who is, or has notified A that

approve for appointment to the
the person may be, seeking

office.
recommendation or approval for

appointment to the office.

25

A person who is being considered for

recommendation or approval for

appointment to the office.

An appointment to the office.
A person who is seeking, or being

considered for, appointment to the

30

office in question.

14
In relation to the second requirement in a case within paragraph 11, 12 or 13,
the reference in paragraph 2(2)(b) to premises occupied by A is to be read as
a reference to premises—
(a)
under the control of A, and
35
(b)
at or from which the functions of the office concerned are performed.