|
| |
|
Qualifications bodies (see section 53) |
| |
15 (1) | This paragraph applies where A is a qualifications body. |
| |
| | Description of disabled person |
| | | | Deciding on whom to confer a |
| A person who is, or has notified A that |
| | | | | the person may be, an applicant for the |
| | 5 | | | conferment of the qualification. |
| | | | Conferment by the body of a |
| An applicant for the conferment of the |
| | | | | | | | | | | | | | | A person who holds the qualification. |
| | 10 |
|
(2) | A provision, criterion or practice does not include the application of a |
| |
| |
Employment service-providers (see section 55) |
| |
16 | This paragraph applies where— |
| |
(a) | A is an employment service-provider, and |
| 15 |
(b) | the employment service which A provides is vocational training |
| |
within the meaning given by section 56(6)(b). |
| |
| | Description of disabled person |
| | | | Deciding to whom to offer to |
| A person who is, or has notified A that |
| | | | | the person may be, an applicant for the |
| | 20 | | | provision of the service. |
| | | | Provision by A of the service. |
| A person who applies to A for the |
| | | | | provision of the service.
|
| | | | | | | | | | A person to whom A provides the |
| | 25 | | | | | |
|
Trade organisations (see section 57) |
| |
17 | This paragraph applies where A is a trade organisation. |
| |
| | Description of disabled person |
| | | | Deciding to whom to offer |
| A person who is, or has notified A |
| | 30 | | membership of the organisation. |
| that the person may be, an applicant |
| | | | | | | | | Membership of the organisation. |
| An applicant for membership.
|
| | | | | | | | | | | | 35 |
|
|
| |
|
| |
|
Local authorities (see section 58) |
| |
18 (1) | This paragraph applies where A is a local authority. |
| |
| | Description of disabled person |
| | | | A member’s carrying-out of official |
| | | | | | | | 5 |
|
(2) | Regulations may, for the purposes of a case within this paragraph, make |
| |
| |
(a) | as to circumstances in which a provision, criterion or practice is, or is |
| |
not, to be taken to put a disabled person at the disadvantage referred |
| |
to in the first requirement; |
| 10 |
(b) | as to circumstances in which a physical feature is, or is not, to be |
| |
taken to put a disabled person at the disadvantage referred to in the |
| |
| |
(c) | as to circumstances in which it is, or in which it is not, reasonable for |
| |
a local authority to be required to take steps of a prescribed |
| 15 |
| |
(d) | as to steps which it is always, or which it is never, reasonable for a |
| |
| |
Occupational pensions (see section 61) |
| |
19 | This paragraph applies where A is, in relation to an occupational pension |
| 20 |
scheme, a responsible person within the meaning of section 61. |
| |
| | Description of disabled person |
| | | | Carrying out A’s functions in |
| A person who is or may be a member |
| | | | | | | |
|
| 25 |
| |
Lack of knowledge of disability, etc. |
| |
20 (1) | A is not subject to a duty to make reasonable adjustments if A does not |
| |
know, and could not reasonably be expected to know— |
| |
(a) | in the case of an applicant or potential applicant, that an interested |
| 30 |
disabled person is or may be an applicant for the work in question; |
| |
(b) | in any other case referred to in this Part of this Schedule, that an |
| |
interested disabled person has a disability and is likely to be placed |
| |
at the disadvantage referred to in the first, second or third |
| |
| 35 |
(2) | An applicant is, in relation to the description of A specified in the first |
| |
column of the table, a person of a description specified in the second column |
| |
(and the reference to a potential applicant is to be construed accordingly). |
| |
|
| |
|
| |
|
| | | | | | | An applicant for employment |
| | | | | A candidate for a position as a partner |
| | | | | A candidate for a position as a member |
| | | | A barrister or barrister’s |
| An applicant for a pupillage or tenancy |
| | 5 | | | | | | | An advocate or advocate’s |
| An applicant for being taken as an |
| | | | | advocate’s devil or for becoming a |
| | | | | | | | | | A person who is seeking appointment to, |
| | 10 | | relation to a personal or |
| or recommendation or approval for |
| | | | | appointment to, the office |
| | | | | An applicant for the conferment of a |
| | | | | | | | | | An applicant for the provision of an |
| | 15 | | | | | | | | An applicant for membership |
| | |
|
(3) | If the duty to make reasonable adjustments is imposed on A by section 55, |
| |
this paragraph applies only in so far as the employment service which A |
| |
provides is vocational training within the meaning given by section 56(6)(a). |
| 20 |
| |
| |
| |
| |
Occupational requirements |
| |
| 25 |
1 (1) | A person (A) does not contravene a provision mentioned in sub-paragraph |
| |
(2) by applying in relation to work a requirement to have a particular |
| |
protected characteristic, if A shows that, having regard to the nature or |
| |
| |
(a) | it is an occupational requirement, |
| 30 |
(b) | the application of the requirement is a proportionate means of |
| |
achieving a legitimate aim, and |
| |
(c) | the person to whom A applies the requirement does not meet it (or |
| |
A has reasonable grounds for not being satisfied that the person |
| |
| 35 |
| |
|
| |
|
| |
|
(a) | section 39(1)(a) or (c) or (2)(b) or (c); |
| |
| |
(c) | section 44(1)(a) or (c) or (2)(b) or (c); |
| |
(d) | section 45(1)(a) or (c) or (2)(b) or (c); |
| |
(e) | section 49(3)(a) or (c) or (6)(b) or (c); |
| 5 |
(f) | section 50(3)(a) or (c) or (6)(b) or (c); |
| |
| |
(3) | The references in sub-paragraph (1) to a requirement to have a protected |
| |
characteristic are to be read— |
| |
(a) | in the case of gender reassignment, as references to a requirement not |
| 10 |
to be a transsexual person (and section 7(3) is accordingly to be |
| |
| |
(b) | in the case of marriage and civil partnership, as references to a |
| |
requirement not to be married or a civil partner (and section 8(2) is |
| |
accordingly to be ignored). |
| 15 |
(4) | In the case of a requirement to be of a particular sex, sub-paragraph (1) has |
| |
effect as if in paragraph (c), the words from “(or” to the end were omitted. |
| |
Religious requirements relating to sex, marriage etc., sexual orientation |
| |
2 (1) | A person (A) does not contravene a provision mentioned in sub-paragraph |
| |
(2) by applying in relation to employment a requirement to which sub- |
| 20 |
paragraph (4) applies if A shows that— |
| |
(a) | the employment is for the purposes of an organised religion, |
| |
(b) | the application of the requirement engages the compliance or non- |
| |
| |
(c) | the person to whom A applies the requirement does not meet it (or |
| 25 |
A has reasonable grounds for not being satisfied that the person |
| |
| |
| |
(a) | section 39(1)(a) or (c) or (2)(b) or (c); |
| |
(b) | section 49(3)(a) or (c) or (6)(b) or (c); |
| 30 |
(c) | section 50(3)(a) or (c) or (6)(b) or (c); |
| |
| |
(3) | A person does not contravene section 53(1) or (2)(a) or (b) by applying in |
| |
relation to a relevant qualification (within the meaning of that section) a |
| |
requirement to which sub-paragraph (4) applies if the person shows that— |
| 35 |
(a) | the qualification is for the purposes of employment mentioned in |
| |
sub-paragraph (1)(a), and |
| |
(b) | the application of the requirement engages the compliance or non- |
| |
| |
(4) | This sub-paragraph applies to— |
| 40 |
(a) | a requirement to be of a particular sex; |
| |
(b) | a requirement not to be a transsexual person; |
| |
(c) | a requirement not to be married or a civil partner; |
| |
(d) | a requirement not to be married to, or the civil partner of, a person |
| |
who has a living former spouse or civil partner; |
| 45 |
|
| |
|
| |
|
(e) | a requirement relating to circumstances in which a marriage or civil |
| |
partnership came to an end; |
| |
(f) | a requirement related to sexual orientation. |
| |
(5) | The application of a requirement engages the compliance principle if the |
| |
requirement is applied so as to comply with the doctrines of the religion. |
| 5 |
(6) | The application of a requirement engages the non-conflict principle if, |
| |
because of the nature or context of the employment, the requirement is |
| |
applied so as to avoid conflicting with the strongly held religious |
| |
convictions of a significant number of the religion’s followers. |
| |
(7) | A reference to employment includes a reference to an appointment to a |
| 10 |
personal or public office. |
| |
(8) | In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) |
| |
has effect as if in paragraph (c) the words from “(or” to the end were omitted. |
| |
Other requirements relating to religion or belief |
| |
3 | A person (A) with an ethos based on religion or belief does not contravene a |
| 15 |
provision mentioned in paragraph 1(2) by applying in relation to work a |
| |
requirement to be of a particular religion or belief if A shows that, having |
| |
regard to that ethos and to the nature or context of the work— |
| |
(a) | it is an occupational requirement, |
| |
(b) | the application of the requirement is a proportionate means of |
| 20 |
achieving a legitimate aim, and |
| |
(c) | the person to whom A applies the requirement does not meet it (or |
| |
A has reasonable grounds for not being satisfied that the person |
| |
| |
| 25 |
4 (1) | A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in |
| |
relation to service in the armed forces a relevant requirement if the person |
| |
shows that the application is a proportionate means of ensuring the combat |
| |
effectiveness of the armed forces. |
| |
(2) | A relevant requirement is— |
| 30 |
(a) | a requirement to be a man; |
| |
(b) | a requirement not to be a transsexual person. |
| |
(3) | This Part of this Act, so far as relating to age or disability, does not apply to |
| |
service in the armed forces; and section 55, so far as relating to disability, |
| |
does not apply to work experience in the armed forces. |
| 35 |
| |
5 (1) | A person (A) does not contravene section 55(1) or (2) if A shows that A’s |
| |
treatment of another person relates only to work the offer of which could be |
| |
refused to that other person in reliance on paragraph 1, 2, 3 or 4. |
| |
(2) | A person (A) does not contravene section 55(1) or (2) if A shows that A’s |
| 40 |
treatment of another person relates only to training for work of a description |
| |
mentioned in sub-paragraph (1). |
| |
(3) | A person (A) does not contravene section 55(1) or (2) if A shows that— |
| |
|
| |
|
| |
|
(a) | A acted in reliance on a statement made to A by a person with the |
| |
power to offer the work in question to the effect that, by virtue of sub- |
| |
paragraph (1) or (2), A’s action would be lawful, and |
| |
(b) | it was reasonable for A to rely on the statement. |
| |
(4) | A person commits an offence by knowingly or recklessly making a |
| 5 |
statement such as is mentioned in sub-paragraph (3)(a) which in a material |
| |
respect is false or misleading. |
| |
(5) | A person guilty of an offence under sub-paragraph (4) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
| 10 |
6 (1) | This paragraph applies for the purposes of this Part of this Schedule. |
| |
(2) | A reference to contravening a provision of this Act is a reference to |
| |
contravening that provision by virtue of section 13. |
| |
(3) | A reference to work is a reference to employment, contract work, a position |
| |
as a partner or as a member of an LLP, or an appointment to a personal or |
| 15 |
| |
(4) | A reference to a person includes a reference to an organisation. |
| |
(5) | A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be |
| |
read as a reference to that provision with the omission of the words “or for |
| |
receiving any other benefit, facility or service”. |
| 20 |
(6) | A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or |
| |
55(2)(c) (dismissal, etc.) does not include a reference to that provision so far |
| |
| |
(7) | The reference to paragraph (b) of section 41(1), so far as relating to sex, is to |
| |
be construed as if that paragraph read— |
| 25 |
“(b) | by not allowing the worker to do the work.” |
| |
| |
Exceptions relating to age |
| |
| |
7 | For the purposes of this Part of this Schedule, a reference to an age |
| 30 |
contravention is a reference to a contravention of this Part of this Act, so far |
| |
| |
| |
8 (1) | It is not an age contravention to dismiss a relevant worker at or over the age |
| |
of 65 if the reason for the dismissal is retirement. |
| 35 |
(2) | Each of the following is a relevant worker— |
| |
(a) | an employee within the meaning of section 230(1) of the |
| |
Employment Rights Act 1996 (c. 18); |
| |
(b) | a person in Crown employment; |
| |
(c) | a relevant member of the House of Commons staff; |
| 40 |
|
| |
|
| |
|
(d) | a relevant member of the House of Lords staff. |
| |
(3) | Retirement is a reason for dismissal only if it is a reason for dismissal by |
| |
virtue of Part 10 of the Employment Rights Act 1996 (c. 18). |
| |
Applicants at or approaching retirement age |
| |
9 (1) | A person does not contravene section 39(1)(a) or (c), so far as relating to age, |
| 5 |
in a case where the other person— |
| |
(a) | has attained the age limit, or would have attained it before the end of |
| |
six months beginning with the date on which the application for the |
| |
employment had to be made, and |
| |
(b) | would, if recruited for the employment, be a relevant worker within |
| 10 |
the meaning of paragraph 8. |
| |
(2) | The age limit is whichever is the greater of— |
| |
| |
(b) | the normal retirement age in the case of the employment concerned. |
| |
(3) | The reference to the normal retirement age is to be construed in accordance |
| 15 |
with section 98ZH of the Employment Rights Act 1996. |
| |
Benefits based on length of service |
| |
10 (1) | It is not an age contravention for a person (A) to put a person (B) at a |
| |
disadvantage when compared with another (C), in relation to the provision |
| |
of a benefit, facility or service in so far as the disadvantage is because B has |
| 20 |
a shorter period of service than C. |
| |
(2) | If B’s period of service exceeds 5 years, A may rely on sub-paragraph (1) |
| |
only if A reasonably believes that doing so fulfils a business need. |
| |
(3) | A person’s period of service is whichever of the following A chooses— |
| |
(a) | the period for which the person has been working for A at or above |
| 25 |
a level (assessed by reference to the demands made on the person) |
| |
that A reasonably regards as appropriate for the purposes of this |
| |
| |
(b) | the period for which the person has been working for A at any level. |
| |
(4) | The period for which a person has been working for A must be based on the |
| 30 |
number of weeks during the whole or part of which the person has worked |
| |
| |
(5) | But for that purpose A may, so far as is reasonable, discount— |
| |
| |
(b) | periods that A reasonably regards as related to periods of absence. |
| 35 |
(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, or |
| 40 |
(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. |
| |
|
| |
|